Legal Question in Family Law in Montana

Father trying to get full custody over child.

I am trying to get custody full custody over my daughter. She is living with the baby's mom. The baby's mom is married to an EX CON and they don't have a job. They live with the parents cause they got evicted out of their place. They also have had the power shut off. The mom is does illegal drugs. There are many witness of seeing her do them. The mom takes the gifts that we give for the baby and returns them to get money to buy drugs. She also uses the child support money to buy drugs. How do I prove that she is an unfit mother and get full custody? I have had a stable job for the past 4 years and married.


Asked on 11/18/02, 5:35 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Father trying to get full custody over child.

First, I cannot give you specific legal advice for (at least) two reasons: we do not have an

attorney-client relationship, and I do not have all the facts of your case. Therefore, what follows

are very general comments, not legal advice.

Second, be aware that many people make similar claims against the other parent. I am not

judging the truth of what you say, but be very careful here. You must make sure you can prove

your allegations. If you cannot, you run the risk of causing the court to think you are trying to

make trouble for the other parent, perhaps having to pay the other parent�s attorney fees, and

having your own parenting time curtailed.

Third, you will need to prove not only that the child�s current living arrangement is not in the

child�s best interest, but that changing her living arrangement to yours is better than leaving her

where she is. If you believe you can do that, then

Fourth, if you can�t �slam dunk� your case, I strongly recommend that you hire an attorney.

Custody/parenting issues can be extremely complex. It is also time-consuming, sometimes

intense, and often emotionally taxing work. Expect any attorney who handles contested custody

matters to want a retainer before beginning work.

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Answered on 11/19/02, 10:54 am


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