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Depends on what mental problems. Unless they are so severe they make her a unfit parent the judge will not remove the child from her.

This is very true, but there have been many cases of ex husbands attempting to prove the mother mentally unfit that there became a legal tolerance level allowing SOME mental instability acceptance. It would have to be a doctor that the mother has allowed complete permission to have diagnosed and reported to the courts, but it's a very touchy circumstance and often the children are the ones who fall through the cracks. I've yet to see a battle over a child where the parent does it for genuine love and concern. If either were the case, then the husband should help find a way to support the mother and still be able to have part custody.

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11y ago
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14y ago

This depends. If the children have been placed in foster care, they will oppose you getting custody. see links below

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Q: Can a father get full custody of the child if the mother has mental problems?
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Do the father still have to pay child support if the mother is mentally ill?

Why not? It's still your child. Who has the child the father with mental problems or the custodial parent? Still if the father has mental problem and he fathered a child...yes he does have to pay child support. Was the father with mental problems receiving some type of disability for his mental problems? If so he is still responsible for paying child support. Does the father have custody of the child? Somebody needs to go back to court ad petition the court.


You are having problems with your late wifes mother she is trying to gain custody access what do you do as a father?

Does she want custody or access?


The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?

the father gets the custody of the child if the mother dies


Can a father get custody before the mother?

No, but the father can get the custody if he proves that the mother has bad habits like alcoholic or consume drugs.


Can a father in wi. get temporary full custody if mother is homeless?

Can a father in wi. get temporary full custody if mother is homeless?


Are there studies that show that male pre-teen and teen children are better off in custody of father?

no there aren't. technically pre-teens and teenagers are better off in the custody of their mother since the mother is the main parent in a kid's life. not to say that the father is not important. just that only if there's something wrong with the mother (ie drugs, alcohol, mental disability) should the father take custody. if they think they are sure


Why could a father be allowed custody if the mother has mental illness but is stable and sees a Dr every time she feels she needs to?

Children should not be placed in the custody of a person who is mentally ill and not possessed of good judgment. Mental illness is one of the reasons a parent can be declared unfit for custody of a child.


If a mother with a child enters rehab to fix her problems can the father get full custody where they already have joint custody?

It really depends. I think that the mother and father should have full custody. I say this because the mother is doing this to get better, for the benefit of her kids. Some might argue that she should not have custody because why would she had to go to rehab in the first place. It really depends. I think that the mother and father should have full custody. I say this because the mother is doing this to get better, for the benefit of her kids. Some might argue that she should not have custody because why would she had to go to rehab in the first place.


How often is the father awarded custody of the child over the mother?

How often is the father awarded custody of the child over the mother in North Carolina?


Does the birth mother have automatic custody if she and father are married?

No, although most courts favor custody to the mother.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


Will the mother or biological fathers stepsister be more likely to get custody of the 7 month old baby of a married woman?

The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.