I have a somewhat complicated custody situation. My two kids live with their mother. One of my kids is biologically mine. The other is not, but I have taken care of her since she was born and my name is on her birth certificate. Their mother and I were never married so I went through legal legitimation for my bio. child, but not the unbio. child.
Their mother has been diagnosed as Manic Depressive but refuses to take her medication. She also has had several boyfriends move in with her in the 5 years since we broke up. I am worried for my kids' safety because she is very quick to "snap" when angry and I don't know these men very well that she moves in and out. Is this grounds for her being unfit? Do I have a case to get full custody of both of my kids? What can I do?
Just based on the facts presented, I would say no court would find the mother unfit to be a parent insofar as such being sufficient grounds for stripping her of parental rights. Her situation may be deemed such that you should possibly have primary custody, but at the same time, if some of the facts were unchanged from when you were in a relationship with her, that would work against you.
I'm going to second Mr. Rice's response.
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No, based off of the facts you have given, I don't think the mother is unfit. Other than her being diagnosed as manic depressive, although she may sometimes get angry, you may need other facts to show that the children are being neglected, abused, or mistreated in some way by the mother. The fact that she has had several boyfriends does not make her unfit either. That only becomes an issue if those men have done something to her children that has harmed them. Further, you may attempt to get physical custody of your biological child that you have with her but with regard to the other child, whom you are not the father and have not legitimated, the chances of you obtaining physical custody of that child is unlikely, in my opinion.
Your terms are not correct. Unfit is not the standard in Georgia for any person to have custody. You are looking for custody of the children. Unfitness relates to possible termination as others pointed out. The child custody standard in Georgia is "best interests of the child." There are many factors contained in the law to assist the judge in making that decision. As for the non-biological child, you are in a predicament. You have no legal rights to that child at all. You can get parenting time with that child if the two of you can agree, I highly doubt she will agree. The ages of the children will also play a part. Use the find a lawyer tab on this website to locate a local attorney to assist you with this sensitive matter. Many of us offer free consultations.
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