Mother of My Child Signed Over Sole Physical , Legal Custody. How to Keep It

[tybz28]

My question involves a child custody case from the State of: CA

The mother of my child(18 months) is also my current girlfriend, signed over.sole physical and.legal custody to me.about a year ago when.we.were broken up. My child means the.world.to.me.and I need.to.find a.way out of this relationship buy also keep sole. Physical and legal custody of my son. I.have seen how.bad this woman is with her other.2 kids and ours as.well. She.is.an alcoholic and always puts her.needs.before her childrens. I need out of this mess and.I.WILL NOT allow my son to be in her.custody at all. How do I.keep my custody? I.take.care of my son during the.day while she is.working, I pay the.bills, this is my home, she.drives.my car to.work, she has.nothing. I.take care of him at night, he.wakes up through the.night andhasn't gotten up with him.once. says.she.doesnt hear him. Well that's.pretty important right, if he was alone.with her and.she is passed out then who is going to.take.care of him. Please help.

P.S sorry for all the.periods , these keyboards on Android phones are no.good.

[Dogmatique]

You don't get to make that decision.

Unless you can prove that she's a danger to the child - you have not done so here - she will be entitled to some sort of physical custody and unsupervised visitation.

[tybz28]

Right so how.do.I.prove it? She.signed.him.over.to me.

[Dogmatique]

What did she sign and was it through the court?

I doubt she's actually legally unfit.

[tybz28]

NMy lawyer wrote it up. It was signed by a judge. You may think.she. is legally fit but.how can i.prove.she.isnt. Get video of her berating her.kids? Recording her telling them that im.a " punk.bitch" they are 6 and.10. Get video of her slamming doors and.breaking things in the.house waking up our small baby. Her.grabbing the.baby when she.is.drunk amd.almost falling down amd.refusing to pass.him to me., all while.screaming and scaring him. Get vodeo of her at 4:30 am as she.skids up to our garage after a.night out, barely able.to.stand. ( i.actually have this video.)Some.mom huh? Tell me.you.wouldnt do the.same, and thats not 1/10th of what goes on.

[Dogmatique]

Please don't get all melodramatic - it really doesn't help.

Nobody is going to sit and tell you how to prove Mom unfit. She's allowed to slam doors, break things, wake up the baby, and be mean to the kids. She is LEGALLY allowed to be a crappy parent.

You do understand that sole custody doesn't mean she has no rights, don't you? What EXACTLY is your end goal here?

[tybz28]

She is unfit so why can't I figure out ways to prove she is? I really don't care if you think im being melodramatic or not. I'm doing what's best for my son. My end goal is visitation for her. No overnight and a stipulation of no.drinking while he is visiting.

[aardvarc]

That's not going to happen unless there is some documentation of mom being unfit. DOCUMENTATION is the key. Police reports. CPS investigations. Mom being arrested for DUI with the kids in car. That sort of thing. SOMETHING that shows that a neutral third party has found the children to have been abused, neglected, or endangered. Yelling, screaming, slamming doors, and general bad parenting won't do it. In other words, it's not up to you or within YOUR ability to prove mom is unfit - that'll take the opinion of an OUTSIDE party (child services, medical professionals, law enforcement, etc.) whose opinion the court respects in such matters.