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View Full Version : Child Custody issue?

PhillyPhan69
05-21-2009, 04:14 PM
I hope this is the right forum? I was not sure wether to post here or ask a cop??

A friend of mine from NJ (not sure if state matters), just called me with this question. His daughter and Son-in-Law have been living with him for the past 2 years. His Son-in-law refuses to work (or even look for it), and his daughter has had enough. They also have 3 children.

His question to me was, if they put him out of the house can he (the son-in-law)claim full custody (live in custody, not sure of the term), and have the kids taken to live with him (wherever that would be?) ? Is there some sort of paperwork or procedure they would need to take of prior to making this decision to ensure that his daughter does not lose the kids? Any help would be appreciated
slamdunc
05-21-2009, 04:17 PM
It goes without saying; your friend needs to contact a licensed attorney in his home state.
PhillyPhan69
05-21-2009, 04:21 PM
It goes without saying; your friend needs to contact a licensed attorney in his home state.

I would assume so also, and communicated that to him. I am a Pastor (not a legal consultant) and volunteered to try counseling prior to any major decision as well. I was just trying to make a preliminary inquiry just to get a legal feel, as well as to prepare myself for any future oocurances of this issue.
itnstalln
05-21-2009, 05:07 PM
Also not a lawyer... but I thought in order to have custody of a child you had to be able to support them (and prove it).
PhilipCal
05-21-2009, 05:13 PM
Child custody issues are matters for the courts. I agree with the advice that you consult an Attorney for any further advice on this situation.
ComicGuy
05-21-2009, 07:02 PM
Also not a lawyer... but I thought in order to have custody of a child you had to be able to support them (and prove it).
Turn it around: If it were a stay-at-home mother, would they give the children to the dad just because he has the job?
Hell no, they'd just take all of his money and give it to her.
David Hineline
05-21-2009, 07:57 PM
Why can't she be the breadwinner and let him be the stay at home dad.
PhillyPhan69
05-21-2009, 08:09 PM
Why can't she be the breadwinner and let him be the stay at home dad.

She works and goes to school...he does neither. with 3 kids and her limited earning income, as well as school expenses make living outside of her parents impossible without his willingness to work or seek employment! his unwillingness to work so they can live on their own has been the major point. He wants to live like a teenager, with all of the freedoms and none of the responsibilities of an adult (their words almost verbatium.).
ComicGuy
05-22-2009, 02:12 AM
She works and goes to school...he does neither. with 3 kids and her limited earning income, as well as school expenses make living outside of her parents impossible without his willingness to work or seek employment! his unwillingness to work so they can live on their own has been the major point. He wants to live like a teenager, with all of the freedoms and none of the responsibilities of an adult (their words almost verbatium.).
Does he take care of the children? If he does, there's nothing wrong with him staying home. If not, he's a lazy ****** bag.
Vtfuzz
05-23-2009, 08:24 PM
Also due to the length of time he's been living there it is likely that they will have to evict him through the courts if he doesn't leave voluntarily....
VTlawman
05-23-2009, 08:49 PM
Also due to the length of time he's been living there it is likely that they will have to evict him through the courts if he doesn't leave voluntarily....

I was going to say that...good thing you understand that.
deputync
05-23-2009, 09:01 PM
Just out of curiosity, did he ever work? Because if not, why would she have MORE THAN ONE child with him? If it has always been the case that he nevered worked, then she does need to take some responsibility for the situation.

Don't get me wrong, I am on your side. The guy does "sound" to be a dirt bag for a lack of better terms. First and foremost, I would contact an Attorney for any further legal advise. Then I would see about getting him evicted through civil process (which the attorney could help with) and the courts. My reasoning for this is based on the amount of time he spent living there.

Best of luck to the daughter! But most of all, the children!