I see. You CAN petition for guardianship
under these circumstances if you'd like. The Court decides on custody based on the rule of thumb of "best interest of the child
." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
If you can convince the Judge that it is in the best interest of the child that you be the guardian, the Court will switch custody over to you.
Best of luck in your matter. I'm here if you need any more clarification or follow up info.
I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.
There is no fee for follow up questions should you wish to continue in this thread.
Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.
There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”