Q & A: Can my husband get custody of his kids if there are signs and reasons to believe child neglect?

Q.  My husband’s ex-wife has full custody of his two children, but we have been getting wind of some issues going on at her house that are causing reason for concern—the kids are mentioning situations that reflect child neglect, and she even sends them over without underwear because she says she cannot afford them.  They also talk about eating junk food all day, fast food for dinner, going to bed whenever they want (sometimes past midnight!) and they are struggling in school.  My husband has talked to his ex about his concerns, but she blows them off and laughs.  Can my husband get custody of the children because of these reasons?

A.  Yes!  He CAN get custody of the kids because of these reasons, and if he’s dealing with an ex that treats her children’s problems with laughter, he will definitely come across to the courts as the more caring, concerned parent in this situation.  This is not, however, a simple situation and this is not a cut and dry answer. You need to think in terms of “shock” factor when going to court.  The situation must be severe in order to get the judge to actually do something. Remember, family court is very “pro-mother,” so a father really does have to have a great case to win.

Before taking the issue to court, however, it is best that you do a little background work.  Keep a document on your computer where you keep track of when you have the children, what they say, what the ex-wife says, and any other notes or reasons for concern.  Do this for a few months until your husband has a plethora of ammunition against her.  This file can hold up in court as documentation of day-to-day occurrences of such situations.  Constant contact with day-care providers, teachers, and other important figures in his children’s lives should also be fostered on a regular basis—the more these people see the father, the more likely they are to testify for him in the courtroom.

Also, if there is concern for neglect (depending on the severity, it wasn’t stated here), you can call Child Protection Services to check out the situation, or if you have witnesses of such neglect, they may be able to sign written statements to the fact in order to take it to court and file an emergency order against his ex-wife.