Who can help us get full custody of my husband's children? 11 Answers as of June 10, 2015

My husband is currently involved in a custody battle with his ex for. The children live with my husband and I, and the mother has been charged with contempt of court for not paying what she owes for child support. My husband is willing to drop the charges if she will forgo her custody of the children. After that, I would adopt them. She hasn't seen the kids since August, when she brought her "boyfriend" into our home, knowing he had just got out of prison because of molesting a little girl. She then moved further away from the kids. She is not involved in their lives, and often tells them that she is coming to visit and never shows. They were supposed to go to court recently, but she didn't come because she decided at the last minute to lawyer up, to give her more time to come up with $4,000.00 that she owes my husband for child support. Recently, we found pictures of her, that she had posted on her Facebook page, of her doing drugs, and admitting in the picture captions that, that is what she was doing. She is not someone that we want to have around my husband's children and she should not be able to have custody. Can any of this information help us to get full custody of the children?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Careful handing of the situation may get you what you want. Technically, a failure to have contact(abandonment)along with not paying support may result in terminating her parental rights. If you add to that the desire to forgive all arrears and wipe out her future child support obligation, she may consent to it. It would take an aggressive approach, but not too aggressive. What, if anything is pending in Court right now? If the contempt of Court proceeding is pending, what stage is it at? Is it pending in Family Court? Before a Support Magistrate? Or has there already been a finding of contempt and you are now before a Judge?
Answer Applies to: New York
Replied: 6/10/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You need to consult with a family law attorney.
Answer Applies to: California
Replied: 6/10/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The complex situation that you described in your question deserves the attention of an experienced family law attorney. Please consult with an attorney and have them review your file and current court orders.
Answer Applies to: California
Replied: 6/10/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Your husband needs to hire an attorney. The attorney will objectively assess what can and should be done as to custody. He potentially has a protracted, expensive course of litigation to terminate her rights and effectuate the stepparent adoption. Much easier would be to leave her with limited, professionally supervised visitation at her expense with a requirement to get mental/drug evaluation and treatment before getting more rights.
Answer Applies to: California
Replied: 6/10/2015
John Russo | John Russo
Your husband is already the custodial parent, whats this full custody you keep referencing? If you are talking about terminating her parental rights then that's a different ball game. If she agrees to voluntarily allow an adoption and have her rights terminated that is the easiest road, but still a little complicated, if she refuses then it becomes a lot more complicated when attempting a private termination. If you are in RI contact a good family law attorney for advice. our office handles these types of matters.
Answer Applies to: Rhode Island
Replied: 6/10/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You clearly need an attorney to assist and represent you. You will not be able to adopt her children unless she either voluntarily gives up her parental rights or has been removed by the court. It would sound like you have a pretty good case to cause either. The matter what, I would suggest you have an attorney as these things can get complex.
    Answer Applies to: Michigan
    Replied: 6/9/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    Adoption is unlikely. Custody is not the issue, residential time is. I assume there is a parenting plan in place. If she is still seeing the boyfriend, the father can go to court and ask for limitations on her visits so the children are never around him. Her failure to pay support is irrelevant to her right to see the children. Your husband needs to get a lawyer to explore what can and should be changed in the parenting plan.
    Answer Applies to: Washington
    Replied: 6/9/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    All of that information if it is corroborated can help him get custody. You need an attorney and that attorney will want to look into why he was not granted custody in the first place. It can be complex so get some legal help.
    Answer Applies to: New York
    Replied: 6/9/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Yes, these facts could help persuade a court to change custody and/or placement. Whether they justify an involuntarily Termination of Parental Rights is somewhat less certain. First things first: Retain an experienced family law attorney who can advise ad represent you better than you can do for yourself. It's almost always worth the investment. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/9/2015
    Ezim Law Firm | Dean Esposito
    If your ultimate goal is for you to adopt the children, I would pursue the case against her for child support arrearages. If you have a judgment against her for her failure to pay child support, it would help your adoption case if she opposes or contests such.
    Answer Applies to: Louisiana
    Replied: 6/9/2015
    Diane l. Berger | Diane L. Berger
    All of that information would help your husband get custody of the children. But what you are talking about is a termination of parental rights. It depends ion what jurisdiction you are in as to what you have described is enough to terminate rights.
    Answer Applies to: Nebraska
    Replied: 6/9/2015
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