Obtaining Primary Custody Based Upon the Mother's Inability to Provide Care

[DP93]

Hi I've got a 19 month old son who I love to bits, a few weeks back me and his mom came up with an agreement between ourselves to say that we would have him 50/50, she has him one week and I have him the next. We have been through many different agreements between ourselves and also have been to mediation, but none was stuck to on her part. A few days ago I had a text from her saying "I need you to pick L**** up I'll explain later, so I picked him up and long story short she has apparently been told by social services that she isn't allowed to have him for more than one day and one night a week as she attempted an overdose she also said she would put child benefit and ctc in my name ( she has been on antidepressants for years but has also cut herself and tried overdosing in the past a few times) so I now have him 99% of the time. I'm very concerned about her making wrong decisions for him and also it's not a stable environment for him with her being the way she is, so I was going to put the cb in my name and become main carer but she has now changed her mind and said it's just temporary which has concerned me even more. Sorry for this being so long but I could really do with some advice on what to do, I really need to become main carer for his sake. Thank you in advance.

[Mr. Knowitall]

You need to start by following the instruction to identify the state where your custody case is being heard.

[Mercy&Grace]

If you're talking about Social Security Dependent Benefits because a parent receives SSDI. SSA usually makes the custodial parent the Representative Payee for the child. If you aren't the custodial parent, I doubt you can become the payee unless you have proof that the child doesn't have a roof over their head, utilities, food, etc. How you think the money is being spent or may be spent isn't proof it is being mishandled.

[DP93]

The money doesn't bother me at all tbh she can keep it, but in the UK whoever is receiving child benefit is classed as primary carer, unfortunately she is claiming it but what I meant is she is claiming that l**** is living with her but it's not true, I have got him 6 days a week, do you think I could put in a rival claim for child benefit so that I could become main carer for him, I have a text that might help "I've had a meeting this afternoon regarding the kids for the moment they want me to have a couple of weeks getting my meds sorted they are ok for me to have the kids over night for one night and day a week so I won't be having him this weekend next week can you bring him over six next Saturday and pick him up sunday at six please"

[Mercy&Grace]

You said UK, if you aren't in the US we can't help you.