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In Texas do you think we can get custody of my stepson he's six year old? If the mother is unfit?

The mother of the child is so unstable she's still like a teenager going out, having different boy friends like every month. She still lives with her parents! Her son is twenty pounds over weight, he has been failing for the whole year in school, he stole an iPad in school. And the mom never disciplines him.. He does whatever he wants, eats whatever he wants. We just found out the car wreck she has a year ago was from a dwi she was on life support for like two weeks, all we knew is that she was in a car wreck about to die. And we just found out like a a month ago that she was in the hospital for like a week for alcohol poisoning. And after school she leaves him home alone until someone gets home.. There's three adults in the house and none of them can find Childcare or be home when he gets there.. He has to crawl throu a window from the back door, let himself in and wait for someone to get home. With all of this do you think we can win?

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mellyhayes

Asked by mellyhayes at 7:26 AM on Jan. 12, 2013 in Parenting Debate

Level 7 (162 Credits)
Answers (10)
  • Yes you should file. At least the child will know someone cares.
    booklover545

    Answer by booklover545 at 10:34 PM on Jan. 18, 2013

  • Yes we have a lawyer and she just found out.. He told us not to get cps involved. We confronted her when we found out .. She said its just a few minutes. I know she's lying because her son tell me I watch like three shows on Netflix have some cereal and wait. I want to get proof but really don't feel like steaking out the house. But we just found out that she broke her probation from the DUI, because she failed to take the breathalizer test in her car, and then was positive for Marijuana and alchol. So I'm praying we win! Because she's so not ready to be a mom! We never new this about her until we got the lawyer because of his school grades, weight, and being left home alone.
    mellyhayes

    Comment by mellyhayes (original poster) at 10:10 PM on Jan. 16, 2013

  • Why hasn't his dad done anything before now??? Tell him to get moving!!!
    macbudsmom

    Answer by macbudsmom at 11:08 AM on Jan. 16, 2013

  • It sounds like you have reason for concern but I agree, you need some documentation and a good lawyer.
    spottedpony

    Answer by spottedpony at 2:12 AM on Jan. 15, 2013

  • Keep a log of everything and get a lawyer.
    Anonymous

    Answer by Anonymous at 9:37 AM on Jan. 13, 2013

  • You have to prove in court. Have you called CPS? Have you talked to a Lawyer about this?
    louise2

    Answer by louise2 at 12:35 PM on Jan. 12, 2013

  • You will need to be able to prove this through other means than hearsay. Call CPS, get an attorney and find out what you would need to do to try to get custody. Does your DH get visitation? If so, does he talk about this stuff when he is with you? You can take him to a therapist that can later testify about what he tells her, but if it comes from you it's still hearsay. He would probably benefit from counseling anyhow. What are you and your DH doing to help him with his educational needs? Are you helping him with the subjects he performs poorly in when he is with you?
    QuinnMae

    Answer by QuinnMae at 12:17 PM on Jan. 12, 2013

  • Sounds like you might have a good shot. You could also call cps - if she's leaving him home alone for any amount of time at that age, they will remove him from the home. And if cps files a report, then you would have proof when you go to the court. Many times, you would have to have proof of the things you are saying, the judge often won't just take your word for it, they won't talk to the child at that age, and they won't allow you to tell them things the child has said (considered "hearsay"). You need proof. An attorney would know ways of getting the proof you need if you can afford one.
    missanc

    Answer by missanc at 9:52 AM on Jan. 12, 2013

  • Judges are leaning toward fathers in recent years just as much as mothers. The judge would likely do what's in the child's best interest, though they don't like to change things on a child without good reason and it sounds like you have that.
    HHx5

    Answer by HHx5 at 8:51 AM on Jan. 12, 2013

  • Do you already have a lawyer? If not, call your local bar assoc. & get a referral. The poor kid needs to be rescued from that environment. Since she's been to court & the hospital for drug or alcohol related events, she is leaving a documented history of her bad choices. Those can certainly be used against her in a custody battle. Best of luck to you & that little boy too.
    mrsmom110

    Answer by mrsmom110 at 7:40 AM on Jan. 12, 2013

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