How does father get custody of children when mom is unstable?

Answer 1

If the courts see it as in the best interests of the child, then the father can gain custody. It is so much better (and cheaper) for the health of the family if parents can work together on parenting issues. So often it seems like a competition as to who can do it better. Believe me, it is not ever easy doing it alone.

Also, consider that things change as the children age. It might not be appropriate for the children to have to change homes midweek. As they become teens, much as they love you, their focus is on outside activities. Therefore, most agreements seem to age out after two years or so.

Answer

The father must petition the court to declare the mother unfit. This is a serious matter and the father should seek the advice of an attorney since the court will require evidence. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• Alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child