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.
