my sister is deceased and livied with my mother for years now wats legal coustdy father of kids is on parole form severing prison time

JudyKayTee

I think you are saying that your sister is deceased; she and her children lived with her/your mother; who has legal custody of your sister's children. Their father is on parole.

Legal custody flows to the parents first so unless there is a Court Order that says something else, custody is with the father. The fact that he is on parole does not make him an unfit father in the eyes of the Court - or probably anyone else.

You or your mother can, of course, go to Court and try to get this changed.

debbyrd

I understand that, but (in Texas) the situation with me is that my daughter is extremely ill. She has primary custody of her 2 sons, she and her ex have not divorced. She is on disablity and cannot afford one right now, although she is trying. They have been physically separated for 3 years.

She and the boys live with me. When the time comes that custody will need to be determined, I am curious to see how the courts could possibly determine that the boys would be better off with the father.

Given his very lengthy criminal history, he is also not working, lives part time with his mother and -part time with his girlfriend, no driver's license...how on EARTH could he be better at supporting his kids when I have a full time job and a house?

I am just so frustrated...

JudyKayTee

Believe me, I understand your upset and frustration. Sometimes the legal system just seems so unfair.

The basic situation is that the father is entitled to attempt to prove that he is not a danger to the children. The key word is "danger." He may be a low life but that doesn't make him a bad father - although I do agree the two often go together.

It will all come down to proof. Hopefully the Court will do a psych evaluation on EVERYBODY, including the children, and that will also enter into the final decision.

Again, I understand your upset - I've never said the system is always fair.