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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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My husband & I are at a loss how to procede in this situation.

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My husband & I are at a loss how to procede in this situation. His daughter's mother (custodial parent) is extremely incompetent (in our opinion). She was once investigated by DHS due to a compaint from drug-dealer boyfriend's ex who did not want her son to be at their house. There were some conditions they had to meet but it was dropped after that. Then he found out his daughter had been diagnosed with anal warts. He submited a complaint this time and DHS also dropped the issue after talking to the child's grandmother (who also tends to hide these serious issues from others about her daughter). Now the mother is taking the child over to her current boyfriend's home (we suspect overnight too) who is on parole until 2016 following being incarcerated for several serious felonies! Assult & battery w/dangerous weapon-four counts, assult & battery-1, domestic abuse-ass&batt-1, shooting with intent to injure-2 counts. We KNOW they are both meth users...what can we do? Much more to it!
Submitted: 7 years ago.
Category: Legal
Expert:  BizAttorney replied 7 years ago.
You can request a hearing in front of a judge and give the judge all of the facts and let them decide custody. DHS carries a LOT of weight when it comes to these issues, so if you can get them to investigate the mother and the boyfriend and issue some kind of negative report on them, then the odds of custody in your favor greatly increase.

Without the DHS' help, I'm not sure if your facts are enough to prove she is an unfit parent. If you have any hard evidence, then bring that to the hearing. Good luck!
Customer: replied 7 years ago.
We do have ample evidence. She went to the er one night after being "up" four days and thinking she was "going to die" and "couldn't feel her legs". An officer was called to the er and took a report of that incident. Her brother's custody hearing was ruined for him because she was going to act as his "nanny" and was (unexpectedly) called to testify when she was only there for "support". Though we don't know the exact details of the Q & A we do know that her problems with drug use and also mental instability were used against her brother. I think he still doesn't speak to her or their parents (for keeping this information "secret"...covering up for her stupidity. He lost custody of his two boys who were in his custody at the time.
I went through a really NASTY custody battle fighting & proving allegations against me were false, so I understand how hard it can be for a parent with limited financial resources. I don't understand why the school, DHS, or social services of some kind does not step in at this point. The child has a common STD for goodness sake! That is more generally what I am wondering. Does a child have to be killed or molested before the school or state does something? Is there not some kind of LAWS that encompass preventative measures?
Expert:  BizAttorney replied 7 years ago.
Unfortunately the law presumes a parent is fit unless shown otherwise. This means that you have to convince a judge that the parent is not fit to parent the daughter. Since you have ample evidence, then present that to a judge and he or she will decide.

I would still try to get DHS on your side because their weight really helps these custody issues.
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