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Custody issue

Hello. I Have a vey close family friend. His wife is a severe alchoholic and he has worked around the situation, but she lost her job (due to the addiction) and is taking care of their children on her own. The other day she left them by themselves (they are under 3) and was caught by a friend who followed the appropriate channels. The father wants to get custody of the children to keep them safe, and legally stop her from taking the children, but he had a minor assault charge about 10 years ago (for touching a woman in-appropritaly while at a party) He does not have an addiction at present, but when he was charged, he did. All that was before he had children and right after he got married, and was several years ago. He is afraid that if it gets ugly, he won't be able to get custody of the children, and she keeps bringing up the situation and telling him they would never rule in his favor. What do you think the courts would do in that situation? I am not on either persons side, i am on the side of the children, and they are in danger with her, so i was wondering what you think will happen, or if the assault will affect it.

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Anonymous

Asked by Anonymous at 7:39 PM on Apr. 17, 2011 in General Parenting

Answers (5)
  • It would be current him and current her. If he has been upstanding and problem free since his children were born than he could get custody of the children. He can also walk into their daycare and take them. He needs to be honest about his past to his attorney and to the judge.
    matthewscandi

    Answer by matthewscandi at 7:48 PM on Apr. 17, 2011

  • The appropriate channel that will be taken if this goes to court is a child custody evaluation. Basically, a psychiatrist will deem which parent or both is more appropriate and will give the lawyers and judge his recommendation. It is best for him to be very honest about the situation that happened years ago and to show proof of his character today though references, job stability, etc.
    wendydays

    Answer by wendydays at 7:48 PM on Apr. 17, 2011

  • Idk if the these things from his past will affect the custody but I would say he has to try to do everything he can do to make sure those kids are taking care of.anybody who leaves children under 3home alone is crazy!
    sarah389

    Answer by sarah389 at 7:52 PM on Apr. 17, 2011

  • well it depends.... was that woman over 18? Also was it violent? He is going to have to prove the mother's addiction. If he is the best parent then I wish him the best and the children as wel. GL!
    June_Mama09

    Answer by June_Mama09 at 7:54 PM on Apr. 17, 2011

  • It all depends in family court, things can be very unjust in the system, but the best he can do is continue to bea good parent and have faith that whats good for the children the court will recognize it. Good luck
    1lovjulianna

    Answer by 1lovjulianna at 8:18 PM on Apr. 17, 2011

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