She leaves her children in the house by themselves. They're not old enough for that. (I have a family member who did this and had lied to the police about how her kids got out of a third floor apartment.) She interrogates her children for information pertaining to 'his' whereabouts. Like things they wouldn't know. There just babies not teens. She consumes her time being his life...yet there single and he's made it ultimately clear that they are just roommates watching over their children. Other people who do not live there and have visited have seen this. She's made threats that shed kill herself and the kids if he leaves her. She's threatened to send one off to "her" side of the family all because he doesn't want to be with this person. Unless that sounds reasonable to you then I don't have to go any deeper than that.
Thank you for your follow-up. That does help. The reason I asked about 'unfitness' is that the courts tend to focus on behavior such as history of abuse or neglect, domestic violence, drug use, alcohol abuse, mental illness, criminality, moral turpitude, and the like. If you have evidence, then you can point to neglect, potentially mental illness, and also claim 'parental alienation' if she is attempting to turn the kids against the other parent.Based on the facts provided, pursuing a petition for custody is permitted. There is a misconception that because the person is male they will automatically lose in court. That is not true. The courts look to what they see as 'the best interest' of the children, and if that happens to be the father, they will side with him. It will involve evidence, potentially witnesses, but pursuing custody is possible. It may be also wise to move out (with the kids), file for emergency sole custody WHILE waiting for the hearing for permanent rights, and care for the kids until the issue is resolved.Good luck.
Ok. So if he moves out with the kids, and she calls police and "follows" him, which she's been known to do, then could he still do all this while living there so as to prevent any extreme situations within the house?
Thank you for your follow-up.This is not a criminal matter but a civil matter, the police would not be able to help her if she has no court order. In addition if she follows him and harasses him, he can file for a restraining order on behalf of himself and kids to keep her away from him until the order is evaluated.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).