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3 Bumps

my friend has a problem adult content

she just got word that her checking accounts are frozen because her and her husband were out of work for three years and owed taxes. he just started working they got three kids. so she has been under stress from losing a house , the income and all. her husband threw a tantrum to make her put her name on the business because he did not want his ex getting extra child support. well, my friend is all stressed out. then she gets word he is planning on divorcing her. taking the kids but he don't want them and giving them to his relatives that he thinks are fit to raise them using the excuse she is stressed. the kids have always told her they want to be with her. they are 6 ,10 and 11. he doesn't want to raise them because he can care less. she knows she is depressed and stressed but can he really just take them and give them to others to raise. her fil says he should not be able to take them.

 
Anonymous

Asked by Anonymous at 7:06 AM on Sep. 2, 2010 in General Parenting

This question is closed.
Answers (7)
  • NO, he absolutely cannot. Courts RARELY take children away from their mothers. Plenty of parents are stressed, that argument will not hold up in court. Unless he can prove that she is on drugs, or totally unfit...then she will get the kids. I know she is probably freaking out, but she shouldn't. Courts HATE taking kids away from their mothers. They would never ever do that. Does her DH think he is super man & he can just do what he wants? What a dumb ass.....

    No court would ever take her children & give them to some family member, when she is totally available to care for them, that is just ridiculous & he is just saying that to scare her. My ex threatened me he'd take the kids too & i just laughed at him. Of course, the court laughed at him too & i got custody.
    samurai_chica

    Answer by samurai_chica at 7:16 AM on Sep. 2, 2010

  • NO THEY CAN NOT TAKE KID WITHOUT SOME GREAT CAUSE, THE LAW WOULD HANDLE HIM. FIRST HE IS NOT TAKING CARE OF HIS OTHER KIDS SO WHAT THINK HE COULD TAKE CARE OF YOURS. TELL HER , DO NOT WORRY YET BUT KEEP HER SELF TOGETHER FOR THE KIDS.
    maureen555

    Answer by maureen555 at 7:41 AM on Sep. 2, 2010

  • As another poster said, rarely is custody awarded to a father in a custody battle. The best he can hope for is 50-50 (unless she is a drug addict, proven unfit, etc.) They certainly won't give them to a family member with a responsible parent available. He's bullying her. She needs to talk to an attorney now, and figure out what she has to do to protect her assets, as well as discuss how to proceed with a divorce.
    Scuba

    Answer by Scuba at 7:50 AM on Sep. 2, 2010

  • Of course he can't take them and give them to someone else. She is their mother, period.
    shanlaree

    Answer by shanlaree at 8:01 AM on Sep. 2, 2010

  • Aside from all of that, the children are old enough to decide where they want to live, and who they would want to live with. The court would take that into consideration as well. They will not place a 6 year old with the father, if he's terrified of him, attached to the mother, and wants to be with the mother. Same with the 11 year old. If the 11 year old prefers to be with the father instead of the mother then the court will appoint him custody, or 50-50. NOW, if in the event that he does get the kids (any of them), then if he throws them on someone else to raise, court will then terminate his custody and give the mother full rights.
    AtHomeMommy-3

    Answer by AtHomeMommy-3 at 8:09 AM on Sep. 2, 2010

  • Simply, go and get a FEMALE ATTORNEY! If she can't afford one, free legal services. Don't tell the HUBBY anything and don't spend one minute wasting time fighting with him. Spend all of her energy fighting for her KIDS. Also, apply for jobs and show the court that she is the more responsible one. Forget in her mind he ever existed and think of herself as a Single MOM. Establish herself in a church, because they are also a great source of FREE SUPPORT. God Bless.
    JOCKEYP2PMOM

    Answer by JOCKEYP2PMOM at 9:12 AM on Sep. 2, 2010

  • If she is dangerous to herself or the children, then he is required by law to do something. If he left the kids with her and something bad happened, he could be charged with 'Failure to Protect'.

    She needs to toughen up and pull herself together. She needs to contact a family law attourney. Not sure who's all name is on the business, but she may be the business owner or half owner. They will need to get that figured out too. If her accounts are frozen, she should talk to a Consumer Credit Counciling agency and try to get financial guidance. She should also go cash only for a while. It is a little scary to have that much money out of an account, but if the accounts are frozen she will need to start buying cashier checks for bills... she can also see if she qualifies for food stamps/assitance with utilities. If she is doing all the right things, no one can take the kids.
    Niki_sd

    Answer by Niki_sd at 9:45 AM on Sep. 2, 2010

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