Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Please permit me to assist you with your concerns.That is a good question. In theory the courts prefer that parents have custody and guardianship over their own children. However, on the opposing side of the same concern, the courts tend to make decisions that they deem to be 'in the best interest' of the child, which means that they have to evaluate the current guardian (you) and the parent (the father) for fitness. Factors that are used to evaluate fitness include issues such a history of abuse or neglect, domestic violence, drug use, alcohol abuse, history of mental illness, criminality (criminal record, history, parole, probation), moral turpitude, and current housing conditions for the child. If the other parent is unfit, and you can attack him by showing issues with his fitness based on the factors I listed, it is unlikely that the judge would go ahead and simply give the child back to him. So while he can petition and request, you can fight him in court based on the factors I listed and show to the courts that he is not fit to care for the children).Good luck.