How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Hi, how does my daughter ex- boyfriend get full custody of

Resolved Question:

Hi, how does my daughter ex- boyfriend get full custody of the children. My daughter has been doing drugs and in and out of jail and rehabs for the last two years. He would like to do something to protect his children as mom is to get out of rehab in the next couple of months. My grandchildren and the father live with us. Nice stable home nice school the one child goes to. Thank you Kathie Wolf
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

Just to be clear, there is currently no court order in place denoting custody? Also, is the ex-boyfriend listed as a parent on the birth certificate?
Customer: replied 5 years ago.
no court order they are not married father is on both childrens birth certificate and children have his last name
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

The fact that they were not married is not relevant for the most part pertaining to custody, what is relevant is the "fitness" of each parent. By that I mean factors such as history of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminal record/history/parole/probation, and moral turpitude. For him to obtain custody what he has to do is file in court himself just such a petition--he will need to contact the courthouse, speak to the clerk, obtain the forms, and focus on his fitness while pointing out examples of her lack of fitness, and writing the petition to show that his custody would be in the "best interest" of the child.

Good luck.
Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you