[hopera23]

My boyfriend is trying to gain full custody of his 5 month old daughter. I know that we have to prove that his ex is an unfit mother! Here are some facts: She has moved three times in a year, she is unemployed and has been for the past six months, we also think she is living with her mother, who husband is a registered sex offender. Currently the step father isn't allowed on that property but eventually he will have served his time and be free to do as he pleases! I fear that something bad may happen to his little girl!! Do you think that this is enough hard evidence to fight for full custody! Please give me your input!


Thanks

Hopeful

[tinabrt1]

Can a non-custodial parent find a way to stop back child support and how can I collect back child support on my own

[SANCHEZNORMAE]

My child's father has not seen or talk to him for a year my son is 3yrsold. I have recently served him for sole custody. H eknow has contacted me and he says he does not want any thing to do with my son that if he gives me custody he does not want me to bother him with any thing. My question is can he give up his parental rights and does he still have to pay child support

[tawnynkids]

tinabrt1 and sancheznormae, you both should post your questions as a new post and not as replies to someone else's question please.

Hopera, the fact that she has moved, is not employed and living with her mother will not be reasons. Especially at 5 months old. Moving around isn't really an issue because the child is not in school and it is not affecting her in that way. Sometimes the court will recognize that moves that even require changes of schools are necessary for various reasons and isn't always held against that person. The fact that she is unemployed only really means (to the court) that mom is that much more available to the child which is not considered a bad thing. The worst that it could do is affect the amount of child support ordered and even then you would have to prove that she is capable of earning a certain amount thereby reasoning that a different child support should be ordered. But courts don't often see it that way especially with a child so young. If the mom was working then day care would come into play and dad would end up probably being responsible for half of that cost which would take the child support amount right back up. Mom living with grandma, also not likely to be viewed bad either. The courts don't care much where they live as long as they have somewhere to live. (Provided it isn't a completely run down shack or a crack house, something like that.)

Her husband being a registered sex offender will be an issue. However, if she gets a divorce then it won't be an issue. If she doesn't then I am not sure how the judge would handle it. Your boyfriend needs to speak to a lawyer about that and see what the options would be. Even if it were reason enough to get primary custody unless the judge ordered supervised visitation to mom and an order for her husband not be anywhere around the daughter, there would still be a problem regarding the possible contact between the child and the step dad. Contact a lawyer to find out what would most likely happen and the course of action needed to be taken.

[vlee]

Hopera - Her unemployment and relocations will not matter at all. The fact that the child is less than three years old means mom is protected by the "Tender Years Doctrine", which accepts stay at home moms are more important to young children than wage earnings. If she is living with her mother (as you seem to suspect but don't know factually) there is nothing wrong with that. Her mom can be married to a sex offender, but if he is not in the home with the baby he is no issue at all. What may or may not happen in the future is unpredictable at best. If the offender moves back in your boyfriend may have a limp leg to stand on, but all the baby's mom has to do is either assure a judge that the child is never left alone in the presence of the offender, or move out. What I am most curious about is why your boyfriend thinks their daughter is better off without her mom in her life at all?