Type asked in Pregnancy & ParentingAdoption · 2 months ago

Can he still get custody of his son?

My baby's father is living with me and I was wondering can I go to court with him and get custody of his son that he has with his ex? We're not married or Anything. Does he have to have his own house to get custody? I'm trying to help him get his son from his ex. 

7 Answers

Relevance
  • Anonymous
    2 months ago

    If she is the legal guardian and has no abuse, drug or alcohol issues, NO.  You cannot just get custody of someone else's child just because YOU don't like the ex.  Get over it already lady.  You come on here every week to complain about how much you hate on his other baby mama.  You need some psychiatric attention for this obsession you have.  Too much drama makes a man disappear btw, keep it up and you will also be the ex in the story!

  • Anonymous
    2 months ago

    Everything depends on the law where you are. Get advice from a qualified local law person.

  • Kelly
    Lv 7
    2 months ago

    No, YOU cannot get custody of his son.

    There's lot's of variables on whether or not he can.  He would need to prove that mom is unfit or unable to parent right now and that he has a stable home for the child. He does not need to be a home owner per se, but he does need a home of his own.. not a freeloader in someone else's. 

    If his son has food, clothing, shelter and his medical needs are all being met...  she is not unfit and will not lose custody.

    If he's not current on child support or not paying child support for the child that really won't look good to the court.  My ex paid child support with and without a court order, the court didn't have to force him to help provide for his kids.  We actually only had a court order for it because it was part of a divorce settlement.

    Kids thrive and do better with both of their parents, not just one of them.  You can't and shouldn't want to replace his mom.  Removing him from his mom's care unless and even if there is a reason to for abuse situation is going to cause trauma for him, which he will need counseling for.

  • 2 months ago

    An unemployed homeless man who has not paid child support is not going to get custody of his child. 

  • How do you think about the answers? You can sign in to vote the answer.
  • 2 months ago

    He needs to be able to keep the child safe and provide for his needs to have custody. So, no, he doesn't need to own a house or live alone, but he needs stable housing in a safe environment (so not sharing a home with people who are actively using/buying/selling/manufacturing drugs or are other prohibited from being around children). As for you, you don't have any rights in regards to the child, if you attend court with your boyfriend you need to go as purely support for him... not with an attitude or arguments, just moral support. Finally, he needs to have a reason why the child's mother shouldn't have custody of the child if she wants it. He might be more successful in gaining access to the child if he's asking for mediation to create a parenting plan, rather than going in fully charged to battle for full custody. Take into account the child has thus far been living with his mother, ripping him from the place he's known isn't the way to go if it can be avoided... and the only reason it couldn't be avoided is if the situation is unsafe, there has been neglect/abuse, mom is completely unable to care for him. 

  • 2 months ago

    He, not you, should discuss this with a family law lawyer.  His ability to get custody of his child will depend on both his ability to provide for his son and his ex's inability to do the same.  If the ex got custody in the first place and continues to be able to care for and support herself and her son, there isn't any legal reason for the court to change that arrangement.  If your boyfriend was deemed unfit previously, then it will take a lot to demonstrate he is not only fit to be a custodial parent but that his ex is not. It all comes down to what is best for the child,  not what you or your boyfriend want. 

    The fact that this guy is now living with you, not married, and has fathered another child could certainly work against him unless he is supporting all three of you. 

  • Anonymous
    2 months ago

    You can't do anything. You're just the mother of his other child.

    He won't be able to get his son from his ex unless there is a legal reason she is considered unfit. Brawling with his low-class other baby mama isn't one.

Still have questions? Get your answers by asking now.