How can I get physical custody of my daughter?

How can my friend get full custody of his daughter if he is not married to her mom?

  • My best friend has an 8 month old daughter with this girl. He accidentally got her pregnant and she lives with him now, but only because she has told him that if she leaves, she will disappear with his daughter forever. She has an older child with another guy and that child's father just tracked her down after 4 years!!!. He has talked to a lawyer and they told him that even though he is on the birth certificate and has had a DNA test done, he still has no rights to the child and if he tried to keep their daughter away from the mom, he would be charged with kidnapping. We have been trying to get a strong case for him to gain full custody of his daughter because she is abusive to the 4 yr old and extremely neglectful of both of the kids. She never cleans the house. There is always tons of old trash all over-on the floor, on the couch, on the counter, etc. They is rotten food, soiled diapers, used feminine products, etc all over the house. The 4 year old never has clean clothes on or clothes that aren't way too big, her hair is never brushed, she usually doesn't have underwear on. She doesn't get fed either unless my friend's mom, my friend, or I fix her something to eat. (I babysit and the grandma lives on the same property as the kids, just separate houses.) The kid's mother screams at the 4 year old and calls her derogatory names, has slapped her or picked her up by her hair. The last three people that watched the kids quit doing so because they witnessed the mother doing this... The last time she dropped the kids off with me, the kids smelled heavily of weed. My friend doesn't smoke weed or do any kind of drugs. He takes great care of the kids, always had a spotless house before she came around, has had a great job with the railroad for nearly 5 years now! But the lawyer says he doesn't have much of a chance to get full custody of his daughter unless the mother gets a drug charge or in trouble with CPS. I am calling CPS this week when she brings the kids over to me and my friend and his mom know that I am, and they are fine with it because they know something has to be done ASAP. I am just apprehensive about him possibly losing his daughter for a while. I don't know if I would be able to possibly get temporary custody of his daughter while the process is going on or not since I am not a relative. To Your Higness: His mom lives on the same property and she is not in good enough health to take care of the kids full time. On days that they are with her, I am at her house to help her. She is on oxygen and has a few other health issues right now. To msdiva: In the state of Arkansas, when a child is born to unmarried parents, the custody is automatically assigned to the mother. No he didn't abandon her. The only reason that she was even moved into his house was because she got pregnant after they had a one-night stand… To Julie B: I am a family friend and I also babysit for him. I have witnessed the condition of the house on numerous occasions and have pictures to prove it. We have proof. We have at least ten people that can testify that she is abusive and neglectful.

  • Answer:

    look into filling for temp. emergency custody and nowadays he does have a good chance the courts are starting to realize fathers provide a more stable environment for the child/ren also cps would come out the home and have to see it first hand damn near invest in small cameras they make cheap ones u can hook up to pcs or vcrs similar to a nanny cam or some kinda of recording devices audio will help and of course video is the best actions speak louder then words if you can get her to leave or if she leaves the child with some one else besides the father for a good amount of time i know 30 days is abandonment as long its not the father

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Courts truly favor the mothers. Unless she is in jail, he will never get full custody. What he can do is get a custody agreement that allows him visitation. If she skips out on it, or takes the child out of state, she can be charged with kidnapping. He can do a child support agreement that states she cannot move than a certain number of miles away (typically 2-3 counties). If she violates that, she can lose the child. He really needs to hire an attorney. However, he will probably never get full custody.

Meghan

first what relationship are you to this person? Are you wife or girlfriend? You can not be involved in this way have you personaly witness the condition of the house or are you depending on 2nd hand information? First your lawyer is wrong if the case can be proved that he is the better parent it will be easy to determine in the court? You see there are two sides every story. First thing you do is to get the child in your friend's pllace and then call CPS on the other parent. Do not be afraid of CPS they are there to help the child to a better place, and if what you told me is true there shouldn't be a problem in getting custody. Call CPS or take the child to office after you get the child from the other parent and pictures of while she is with you and your friend. Hope the best>

Julie B

first what relationship are you to this person? Are you wife or girlfriend? You can not be involved in this way have you personaly witness the condition of the house or are you depending on 2nd hand information? First your lawyer is wrong if the case can be proved that he is the better parent it will be easy to determine in the court? You see there are two sides every story. First thing you do is to get the child in your friend's pllace and then call CPS on the other parent. Do not be afraid of CPS they are there to help the child to a better place, and if what you told me is true there shouldn't be a problem in getting custody. Call CPS or take the child to office after you get the child from the other parent and pictures of while she is with you and your friend. Hope the best>

Julie B

Courts truly favor the mothers. Unless she is in jail, he will never get full custody. What he can do is get a custody agreement that allows him visitation. If she skips out on it, or takes the child out of state, she can be charged with kidnapping. He can do a child support agreement that states she cannot move than a certain number of miles away (typically 2-3 counties). If she violates that, she can lose the child. He really needs to hire an attorney. However, he will probably never get full custody.

Meghan

look into filling for temp. emergency custody and nowadays he does have a good chance the courts are starting to realize fathers provide a more stable environment for the child/ren also cps would come out the home and have to see it first hand damn near invest in small cameras they make cheap ones u can hook up to pcs or vcrs similar to a nanny cam or some kinda of recording devices audio will help and of course video is the best actions speak louder then words if you can get her to leave or if she leaves the child with some one else besides the father for a good amount of time i know 30 days is abandonment as long its not the father

brian r

The lawyer already told you. She needs a drug charge or a cps investigation. You probably won't be able to get temporary custody of his daughter, but his mom will.

Your Highness

You need to get some proof of abuse for one he needs to play up to her keep her around.and i never heard if hes on birth certificate that he has no rights does she have full custody? And if she does how did she get it ? Did he abandoned her while she was having the baby? See you need alot of proof in this situation

msdiva

The lawyer already told you. She needs a drug charge or a cps investigation. You probably won't be able to get temporary custody of his daughter, but his mom will.

Your Highness

You need to get some proof of abuse for one he needs to play up to her keep her around.and i never heard if hes on birth certificate that he has no rights does she have full custody? And if she does how did she get it ? Did he abandoned her while she was having the baby? See you need alot of proof in this situation

msdiva

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