child custody

[valerie_jordan]

My husband and I are getting ready to take his exwife to court for custody of their 7 year old daughter,on the basis that she is an unfit mother,has sent child to our house 17 times with lice,causes child to miss a lot of school,and does not follow visitation rights(only brings child when she wants too) and she installs a lot of hate against my husband to her daughter.......we live in Kentucky,and i was wondering how the rules go as far as will they give her"a chance" to clean her act up,how does this work?

 

[Michael Wechsler]

Things vary per court. It is very difficult for anyone to state with certainty, especially without being familiar with the facts, exactly what will happen. For example, having children sent to your house 17 times with lice could occur within a period of two weeks. It's difficult to say how egregious the acts of the mother are without more. Additionally, it seems that the mother is also violative of court order and this is another matter in itself and is not necessarily determinative of whether the mother is truly an unfit mother. This issue is so fact specific but if you follow the sliding scale you begin to find the proper formula -- the more fit the petitioning parent and more unfit the mother, e.g. a drug infested home, the better chance that custody may be granted to the petitioning parent. I do not have extensive experience in custody battles but someone else here might.

 

[jimmysgirl]

dad is not you

My husband and I are getting ready to take his exwife to court for custody of their 7 year old daughter,

wrong. your husband is going to court for custody. he is the only one with legal standing or rights where his daughter is concerned