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  1. #1
    Join Date
    May 2006
    Posts
    1

    Default Can custody change due to unfit mother?

    My ex-girlfriend and I have a 2 year old daughter, she has custody while I hold a basic access and visitation order by the courts in the state of Texas. In the past my ex was a heavy pot smoker and abused a drug giving to her by her many doctors for her mental heath issues. She told me that she had changed all that and no longer used any type of drugs, but in the past 7-9 months it is becoming clear to me that she is still using and abusing both drugs. She holds any access to our daughter over me for any reason, but mostly over child support. She hasnt worked in years and lives with her 85 year old father in a one bedroom apartment, she uses the child support and welfare as her only means to care for our daughter and is demanding more from me or she withholds any access or visitation from me. I touch base with our daughters doctor once in a while and have found that the mother has put off, cancelled, or been no shows to 3 different referals giving by the doctor at our daughters 18 month check up and still hasnt been to any of them over the past 8 months. The fact is that she isnt keeping up with the health and developments needs of our daughter, providing her with a healthy enviorment and her own space, allowing me access to our daughter, and there is a 99% chance that the mother is still using drugs and still coping with mental health issues. Meanwhile, I am drug free, have a 3 bedroom home, steady job, and wish to care for our daughter. My question is, what are my chances of changing custody and what would I need to prove these things in a court of law, and would a court change custody if I'm a single father?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can custody change due to unfit mother?

    Texas awards custody based upon what it deems the best interest of the minor child. If you can prove the mother "unfit", and yourself to be "fit", presumably you would gain custody. That's a fact-dependent analysis, though, so I cannot state either that the mother would be found "unfit" based upon your suspicions, or that the court would find your suspicions to be a sufficient basis for modification of custody.

    If you are truly interested in obtaining custody, you should consider getting the help of a local family lawyer who handles child custody disputes.

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