Family Law Questions? Ask a Family Lawyer Online.
Question: Can my wife and I get custody of my two children if their mother is unstable? Example: Doesnt have a house so she is staying with her friend and her family, but has no where room for her or my children to sleep. She is going out to the bars all of the time so she left the kids with my wife while I was at NTC for a month and their mother only saw them for 3 hours out of the time and rarely checked in on them. She had my wife take the kids to Kansas to my wifes family because she has a friend that pulled a gun on her and threatened to go after her and her family if she got anyone else involved. That is just a few examples! Response: Yes, you can get custody of your children if their mother is unfit. You need to file Complaint for Modification of Custody and Visitation with the Court that issued the original custody order and request that the Court give sole physical and legal custody of the children with limited and supervised visitation to the mother. The forms for filing for Modification are available at the Courthouse in the Clerk's office. The forms are self-explanatory. However, if you need assistance completing the forms, ask the Staff.
In a custody case, the Court would make a decision based on what is in the best interests of the children by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the children would be better off living with you, the Court would rule in your favor. Otherwise, the custody would remain status, would remain with their mother. So, it is very important that you tell the Court any and all reasons why you should be given full custody, just like you did in your narrative here; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.