Seeking Custody

Hello- I would first like to start by thanking you in advance for taking the time to read my question and answer it. I am appreciative of all and any information you can give. I live in OR.

A year and a half ago my husband had a drunken affair with a woman and she became pregnant. She doesn't and hasn't worked in almost 3 years. She is on welfare and the state came after my husband for support which he has paid every month- after paternity was established of course. My husband has not had contact with her in almost 2 years and he has not seen the child. It's not that he doesn't care, its just that he thinks he would be betraying me and our child if he sees her. However, I have convinced him to start seeing her. We are concerned for her welfare as she is not current on her vaccinations and we have heard some disturbing news too about the behavior of the mother. Who by the way lost custody of another child due to drugs and inappropriate life style.

I guess to bring this to a question- I would like to know what our chances are of obtaining custody of this child if we so choose. I think we could offer her a more stable environment then what she has right now, besides, her mother is only looking for a free ride from welfare. Do we have a chance? How do we increase it? We are going to see the child soon, but we are concerned how the mother will react and we want to be prepared should be attempt to do anything. Does a court order for support imply or state custody issues. Or is that an entirely different issue.

Please help- desparately want to do the right thing.

What State do you live in?

How much time have you spent with the child? How often do you see child?

Does the mother have a criminal record for drugs?

PLEASE clarify this statement

"Does a court order for support imply or state custody issues. Or is that an entirely different issue."

If the child is not current on her vaccinations, then by all means take him/her in and have them administered.

Usually, if a father shows interest, and a mother is on welfare, chances are good for change of custody (Speaking from previous experience (IN CALIFORNIA). But you also need to prove that her life style is unfit for the child as well as establish that your husband is indeed a part of her life.

You still need to seek the advice of an attorney in your area. Also, You might want to look at the State Family Codes to help you know where you stand on some of these issues as well as others that may come up. And please keep the BEST interest of the CHILD in mind, as the courts will.

Good luck.

Ukiah


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All that you have read in no way is Legal Advice, it is a matter of opinion to help you in your quest