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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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Situation: birth mother and father are not married. They

Customer Question

Situation: birth mother and father are not married. They have a 2 month premature infant who is now10 weeks old. Mother has another child from previous relationship who is 4 years old and is under investigation with child protective services. The 4 year old bites other children and adults, cusses, hits, talks about killing. He has also masturbated at a day care center. The birth mother is 29, still lives at home, is incapable of following thru on recommended counseling, etc. She does not get along with her parents and accuses them of child abuse when they try to discipline the 4 year old. My husband is the father (thru an extramarital affair which is now over) and we are committed to raising this child. We are dealing with the court in Montana to try and get primary custody. Is there a professional recommendation for an infant to be in one home with 2 stable parents who are financially stable? I am willing to raise the child as my own, however, we are battling the "unfit" birth mother and need a professional recommendation as to what is best for an infant. Currently, the court has given a 50/50 parenting plan where he spends 4 nights with us and 3 with the birth mother. She will not agree to give 100% custody at this time so we are looking for a professional recommendation as to what is best for the infant. We are concerned for the baby's safety while in the presence of his 4 year old brother and potentially long term damage by the birth mother. Thank you for your assistance.
Submitted: 2 years ago.
Category: Family Law
Expert:  mmdesq replied 2 years ago.

Good Evening,

I will try to best answer your question.

The standard to be applied is the best interest of the child standard not the best interest of the mother stanard. It sounds like this 4 year old brother maybe a victim of sexual abuse. I think you will have an excellent chance of obtaining custody. I would recommend requesting the appointment of a guardian ad litem. A guardian ad litem is an attorney who represents the best interest of child and is able advocate for the child. They can do inspections of each home, speak with doctors, counselors and other professionals. The guardian ad litem can then submit a report to court and testify on behalf of the child. I believe this will be a key to victory.

I hope this information is helpful and I wish you the best of luck.