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How do I get custody of my child who is already living with me?

How do I get custody of my child who is already living with me?

Q: What is the definition of an unstable parent?

An unstable parent is typically someone who cannot consistently meet their child's emotional, physical, or psychological needs. This may involve erratic behavior, poor decision-making, or an inability to maintain a safe living environment. Courts look at these factors when deciding custody arrangements.

Q: How do you prove a parent is emotionally unstable?

To prove a parent is emotionally unstable, you may need to provide evidence such as documented incidents of erratic behavior, testimony from witnesses, or records from mental health professionals. Courts consider this information when assessing custody arrangements to determine what is in the child's best interests.

Full question:

Father has had baby with him for 2 months and mom never came around for her. Now she thinks she can just demand me to give her my daughter. Been paying lawyer and he has not done anything for me to keep my baby. How can I get custody of my child before the mother ends up taking her from me some how? It is for the baby's well being that she stay with me because the mother is not stable now and only wants her when convient for her. I really need some help soon so I can raise my baby in a safe home.

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: Kansas

Answer:

This appears to be a matter that should be handled in Court by a custody action. An agreement she signs giving you custody and her visitation could provide peace of mind but is not really totally effective until approved by a Court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long can a mother keep a child from their father?

A mother can only keep a child from their father for as long as there is no legal custody order in place. Once a father establishes paternity and seeks custody, the court will determine the child's living arrangements based on the best interests of the child. If the father has been caring for the child, this can strengthen his case for custody.

What defines an unstable parent?

An unstable parent is often characterized by inconsistent behavior, emotional volatility, or an inability to provide a safe and nurturing environment for their child. Factors may include substance abuse, mental health issues, or a lack of stable housing or employment. Courts assess these aspects during custody evaluations to determine the best interests of the child.

What is the definition of an unstable parent?

What is considered a mentally unstable parent?

A mentally unstable parent may exhibit behaviors associated with mental health disorders that impair their ability to care for a child. This can include severe mood swings, delusions, or inability to maintain a routine. Courts evaluate such conditions carefully when determining custody to ensure the child's safety and well-being.