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Child custody cases are all about the best interests of the child. Meaning, when deciding an issue, the judge must determine what is in the best interests of the child. So, if a parent wants to obtain sole custody, they would want to demonstrate to the judge that sole custody is in the child's best interest.
To do so, hypothetically speaking, the mother would want to demonstrate such things as that she was the primary care-giver for the child, the father was uninvolved, the mother is the more fit and proper parent, the father has problems with drugs or alcohol and other such things.
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What if neither parent is found fit by the court? Would the children go to foster care? Could the children placed with grandparents that live in a different state?
That would be highly unlikely in a paternity action. In such a case, the litigation only involves two parties, the mother and the father. As such, the court can only award the child to one of those two parties. For the child to be taken from the parents, some other legal action would need to be filed, perhaps something by the department of children's services.
The dept of child services is currently a third party petitioner and has filed as to child support. Can this lead to both parents losing custody? Is this a bad sign that child services is involved?
Child support, medical expenses, and ins coverage obligations. Both parents have filed complaints with DCF against one another. The mother has an open DCF investigation, unsure about an investigation on the father.
Then no, this would not lead to the child being placed anywhere else other than with one of the parents.
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