My girlfriend has a very long history of runins with the police and being put in the hospital due to wanting to commit suicide as well as other problems. She is the mother of both of my children. Recently I was called home from work by the police because she was too intoxicated to watch the children. A cps referral was filed due to the incident and that was the last straw for me. I now want to take my children, have custody and move. My question is if I can deem her unfit due to her history of behavior. Is mental health a viable reason to do so in court?

I just want to make sure I understand correctly. When CPS became involved were the children placed with you full-time temporarily till your girlfriend can figure out her issues?

Oh, we live together so basically they were already with me. I was at work when the event happened so CPS never took custody of the kids, the police just came and told me to go home and watch the kids (since officers were already there) and they filed a referral. So in the meantime I'm missing a lot of work until this gets figured out.

Do you have another place to move? If so are you on the children's birth certificates? If yes again then move and go to get custody ordered by a judge. But remember until a judge orders something the two of you have equal rights to the children. The fact that she has this record will not bode well for her but you need to get into court sooner rather than later.

Yes, I have a place to move where they will be cared for by the grandparents while I am at work and yes I am on the birth certificate and they share my last name. I will be filing in family court. I guess my overall question was just that if I do go through all of that, is her long history of mental health issues legally a reason for me to be granted custody. Until this last event she never neglected the children or put them in harms way, however her constant escapades are pretty consistently affecting everyone's way of life emotionally as well as financially.

The fact that she put the children in danger (being too intoxicated to watch them) is a reason. The "mental health" of her could be completely different as long as she isn't putting the children in harms way. But using the time you were pulled back home from work by the police as an example that is a good start to making a case as to why you should have custody. That isn't to say she won't get visitation but you have to start some where.

Yes, I have a place to move where they will be cared for by the grandparents while I am at work and yes I am on the birth certificate and they share my last name. I will be filing in family court. I guess my overall question was just that if I do go through all of that, is her long history of mental health issues legally a reason for me to be granted custody. Until this last event she never neglected the children or put them in harms way, however her constant escapades are pretty consistently affecting everyones way of life emotionally as well as financially.

Here is the problem Im seeing right now. Because you haven't taken action yet it shows acceptance of the situation. You need to get out right away and file emergency custody orders so when you take the children with you you have a legal avenue. By staying you are only harming your own case.