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Maribel33 · Feb 4, 2012, 10:58 AM

Can I get full cuStody of my children if the dad isn't meeting their needs..

ScottGem · Feb 4, 2012, 12:33 PM

First, any question on law needs to include you general locale as laws vary by area.

But, since you asked such a broad and vague question the answer can only be in general terms. If the custodial parent is not meeting their children's needs, then th ncp can petition the court to modify custody. Whether the court will agree and order a modification depends on the circumstances and details.

Maribel33 · Feb 5, 2012, 03:41 AM

We just have a verbal agreement he has them nights because I work grave yard and I pick them up from school and keep them till he picks them up. I take them to all their appt dr dentis. I go to their parent teacher conference he never does any of that. He doesn't wash their clothes for a month at a time . They always eat out or at his mothers.. We live in California

AK lawyer · Feb 5, 2012, 06:55 AM

Originally Posted by Maribel33

We just have a verbal agreement he has them nights because I work grave yard and I pick them up from school and keep them till he picks them up. I take them to all their appt dr dentis. I go to their parent teacher conference he never does any of that. He dosent wash their clothes for a month at a time . They always eat out or at his mothers .. We live in California

He isn't taking care of the children the way you think he should. That's a far cry from not doing anything for them.

The answer is "no". Not under these circumstances.

ScottGem · Feb 5, 2012, 08:24 AM

I agree, I don't see any grounds to get you full custody. And it would seem that's counter productive. You need someone to care for them nights. Are you going to pay for child care if you shut him out?

If he has them nights then how can he take them to doctor appts? Does he dress them in dirty clothes? Why can't you share the laundry? Are the children malnourished?

You do need to talk to him about making sure the children have clean clothes and are properly fed. But trying to get full custody is a waste of time In my opinion.

Fr_Chuck · Feb 5, 2012, 07:23 PM

He can always eat out or eat at his mothers, that is still taking care of them.
And no I see just a difference in how to care for child, not children being mistreated.

Maribel33 · Feb 5, 2012, 07:35 PM

If I deceided to keep the girls and not let him take them could I get in trouble.. And just wait Till he took me to court to get visitation rights? I'm just want to know my options

ScottGem · Feb 6, 2012, 04:05 AM

If there is no court order for visitation or parenting plan, then you can't be charged with contempt of court. But if he takes you to court, he will get visitation rights back and maybe more. The court will not look kindly on your stopping an agreement made even verbally as there is proof an agreement was in place.

Before making this move, I would seek joint counseling to get him to deal with your complaints. At least show you tried to work it out before making such a drastic step. A step I don't recommend, by the way.

Maribel33 · Feb 6, 2012, 06:22 AM

Thank u. You were all very helpful

Fr_Chuck · Feb 6, 2012, 09:21 AM

Yes, the issue with stopping him from having the children is that he will use that in court against you. Trying to show you were not letting him see them, that perhaps you were trying to turn them against him. In almost all cases unless there were serious issues of safety, this almost always hurts the person who stopped the visits when they get to court.