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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.
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