Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

On what grounds can a father sue for physical custody?

I am a divorced mother of three. The father is seeking custody after 4 years to avoid an increase in child support. I am a good mother. Can he take my children?

Answer Question

Asked by Anonymous at 9:13 PM on Feb. 6, 2009 in Relationships

Answers (5)
  • generally they will not remove physical custody from the mother unless he can prove you are endangering the children

    Answer by ZaTa at 9:16 PM on Feb. 6, 2009

  • I think he's nuts. Looking back on it I think I'd have rather paid someone to rear my children and me just send money! Does he plan on cleaning up when they puke in the bed or the carpet? Does he want to pay for the plumber and carpet care folks when they flush a diaper filled with crap down the toilet and it overflows into the house? He actually WANTS to wash clothes that have been dirty and shoved in a closet to stink up the room? He wants to not get sleep and keep taking off work to take them to the dr and sit for hours in a crowded waiting room? The man is insane. Tell him to just keep sending checks and be happy about it.

    Answer by admckenzie at 9:21 PM on Feb. 6, 2009

  • No he cannot take your children. If you are providing for them and they are healthy and getting a good education and your living situation at home is stable, he doesn't have a chance. If he can provide the same, however, your worry is 50/50 physical custody. In that case, getting the kids to their schools would be a factor, meaning he needs to live close enough.

    Answer by hopelessnance at 10:00 PM on Feb. 6, 2009

  • generally the judge sides with the mother, and after 4 years, I doubt he will have a strong case. Make sure you keep records of bills, expenses, visitations, conversations etc.

    Answer by xxhazeldovexx at 10:16 PM on Feb. 6, 2009

  • It depends on how old they are too. If they are old enough to make a choice, or if your husband is smart enough to get them a child advocate, the judge will take what they say into consideration.

    Answer by Chrissy629 at 2:46 PM on Feb. 7, 2009

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.