what are grounds for change of custody for 2 yo from mother?
What are grounds if any for a change of custody from the mother to the father? I asking those that have been through experience. Obviously abuse or neglect but is there anything else? What about bad living environment or income from mother to support child? Thanks
To say a bad living environment you would have to be able to prove that the environment is putting your child at risk physically or emotionally, that’s a hard sell in most cases. Income isn’t a good reason because unless she is making $2.50 an hour part time, she makes enough. If anything, you might be opening the door for you to pay more in support than you are currently doing. In most cases it is very difficult to take a child from the mother. So unless your ex is truly putting your child at risk, you need to not worry in petty grievances and try to work out some kind of parenting arrangement that is in the best interest of the child.
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July 30th, 2009 at 9:37 pm
The b iggest thing is you have to prove the mother is unfit to continue custody. This is usually done by child and/or drug/mental abuse charges as well as child endangerment, severe neglect, extreme hostile environment or if Mom just simply gives up her rights. Its never easy to overturn a courts first decision on custody. Then, once you have proven the mother unfit, you still have to prove to the courts youre the right man for the job as its not automatic that Dad gets custody once mom is ruled unfit. This is done to ensure the courts arent taking the kids out of a bad situation and placing them into a worse one. Good luck
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Florida Paralegal with a BS degree in Social-Pyschology
July 30th, 2009 at 9:59 pm
To say a bad living environment you would have to be able to prove that the environment is putting your child at risk physically or emotionally, that’s a hard sell in most cases. Income isn’t a good reason because unless she is making $2.50 an hour part time, she makes enough. If anything, you might be opening the door for you to pay more in support than you are currently doing. In most cases it is very difficult to take a child from the mother. So unless your ex is truly putting your child at risk, you need to not worry in petty grievances and try to work out some kind of parenting arrangement that is in the best interest of the child.
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July 30th, 2009 at 10:14 pm
The mother has to be proved unfit. There is abuse, neglect, endangerment. Also, the father helps support the child, mother’s income is only part of what supports the child. Living environment isn’t an issue unless there is abuse, neglect or the child is endangered. (living in section 8 housing is not considered a bad environment)
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July 30th, 2009 at 10:54 pm
Usually the mother has to be deemed "unfit", this changes from state to state, court to court, judge to judge, as far as the mother’s income to support the child–this only affects the child support obligation that the father is given.
Try asking here, there may be someone there who has experienced or is experiencing the same situation.
http://health.groups.yahoo.com/group/DadsHouse/
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