My brother who is seeking joint custody of his 8 mo old son and has never been married to the mother of his child, but the mother of his child has other children with different fathers had her children taken by CPS prior to her having my brothers son. My brother is wanting joint custody, however his wife is disabled and experiences occassional seizure once every three to four weeks. His wife is able to care for herself. Does my brother still have a good chance at joint custody?

Fr_Chuck

Of course the fact he was with her after she had her kids, one has to wonder what he saw in her as "wife" or "mother" material.

But he will need to show in court the same type of evidence they needed to take the other kids. Show neglect, abuse or some reason she is not a fit mother. Why was joint custody not given at the orginal child custody hearing ?

lbdotsy

Because a court hearing never took place. My brother is married to a different woman who is disabled. In other words my brother had an affair which a child came out of this. After the child was born only a verbal agreement between the two about giving child support and a few visits to his son only when the mother allows my brother to see him. That is why he wants legal paper by a lawyer to get joint custody but his wife he has is disabled and has occassional seizures. I wanted to know if this would prevent him getting joint custody?

Fr_Chuck

Ok, first always a written court order on visitation and custody. Does not matter it was from an affair. And most important, he does need a DNA test just to be sure of course.

But no the medical issue of wife should not be an issue, but I will be honest, judges are so hard to guess, in one court house if there are three judges, two may normally rule one way, another would rule another way, a local attorney will know more about that.

ScottGem

First Joint custody simply means that he will have a say in how the child is raised. So does he want visitation or physical custody?

Second this is going to be a very iffy situation. On the one hand you have a promiscuous mother on the other hand you have a philandering father with a disabled wife. I would strongly suggest a good attorney familiar with the Family Court system in that area.