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Father wanting full custody because unfit mother

Eugene, OR |

My fiance and I are trying to get custody of his two girls. His ex wife has been in and out of rehab's, bad relationships that are abusive and girls have witnessed on many occasion. We have been finding any research we can on everything about child custody, because as of now she took off two fridays ago with the girls after we've had them for a year and a half now, to medford where she got out of rehab a month ago to stay there with some friends she met in "rehab" and temporarily in a motel room. We are constantly worried about her behavior with the girls and what she does around them and the environments she carelessly puts them into. I am really looking to help him out in any way to get full custody which she has, but has not been stable or even around. she has another daughter with another man and he got granted full custody of her 5 months ago. She is now pregnant atleast 5 months pregnant with another child she is giving up for adoption because the father of the unborn child is the abusive relationship she was in where she had the girls living and witnessing everything that happened and half the time they were not even going to school, and they used numerous amounts of drugs in the house and were growing marijuana in their back yard, I am really scared for these girls and want the best for them, their father (my fiance) is a hard working man and we have a home and they were in school and playing sports and having a social life with friends and a healthy stable loving caring home, The mother knows how to manipulate and since she took off we have received phone calls from the girls stating that they dont even remember what they did all day and absolutely hyped up on sugar, running wild and staying in a hotel. in medford, where the mother is suppose to be clean and pregnant, but with rehab friends? I hope you can help with any ideas of what to do in this situation. As the father is at work mon-sat 7:00am-6:00pm and doesnt have much time of his own to seek legal advice or get papers.. if i can help out in any way or get advice it would be so much appreciated. Thank you

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Attorney answers 1


The father needs to file for custody. It would help to provide a more complete answer if you explained what the current custody situation is. Does he have parenting time? Is it joint custody? Does the mother have full custody right now?

In any case, your fiance needs to petition the court for custody of the girls. If he has good reason to believe that the mother is putting them into danger, he can file for temporary emergency custody based on immediate danger.

Also, you might want to consider requesting that the court appoint a custody evaluator to determine who it would be best for the girls to live with (this will have a significant cost).

I would advise that your fiance hire a competent family law attorney to handle all of this.

My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.