Married for 8 years still in the process of finalizing the divorce. Originally did joint custody one week with the father one week with the mother. The children are already primarily living with their father. The mother only gets them every other week when she has time. The children are 3 and 5 both girls. They have came back to their fathers telling us that they didn't get a bath or eat while at their mothers. Also that the man the mother is with spanked them because they got undressed to get a bath and they have cut the girls hair to where they now look like little boys and continually trim it when it has been asked for them to not cut it again. They divorced because the mother cheated and got pregnant by the man she is with now.
You don't say if you are the father.
Of course he can. If these facts can be proven and the father doesn't have similar problems, it shouldn't be terribly difficult. If I was representing the father, I would suggest he had a duty to seek full custody.
There are cases directly on point with this that you can cite to the Court but its up to you (your attorney) to bring the facts to the Judge before a custody order is entered. Also, it is likely violation of the sex offender's restrictions to reside in the house with the child. You need to address this BEFORE the divorce order is entered or it will become infinitely more difficult. DHR would likely not allow visits with this man if they get involved.
This is a general statement for public knowledge and not intended as legal advice, nor does it create an attorney client relationship.
YES !! The father can get custody ( go for full custody). It is obvious that the mother does not care for the kids, if she is putting a sex offender over her children. ( also, is there a restriction on the sex offender not to be around children ) .
Ask the court to appoint a guardian ad litem for the children. The guardian will look after the best interest of the children.
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