Change of custody?

[cdcoffell]

Breif overview - father is NCP and has standard EOW visitation. Both children are in Kindergarten and are going to be held back (we have confrence with teachers this Friday). Both of them have no front teeth due to them rotting out since they don't brush them.

Their mother just married a man with 17 arrests in the past 4 years for domestic abuse an assualt who she also had a child with 9 years ago and they gave custody of that child to her mother, in which they both (her mother and her) had a restraining order on her no present husband for trying to kill them 7 years ago.

The mother lives in a 2 bedroom / 1 bathroom trailer in a not so good neighborhood, with her, her husband, my husbands two children, her new baby, and her husbands father (6 people). Step children have admitted to being forced to sleep on the floor because they have no bed.

? is...

1. If they do in fact both fail Kindergarten, we get the dental records to show they do not brusht their teeth and 1/2 of their teeth are rotted out, and with the criminal background of the man she has married - is that grounds to try and fight for custody?

2. Is an emergency hearing possible (we had a lawyer suggest it) at the end of the school year based on the facts mentioned above?

3. What are your opinions on the situation we are in or have you ever heard anything similiar to it?

Thank you for all your helo - your the best!!!!

[socrateaser]

>1. If they do in fact both fail Kindergarten, we get the
>dental records to show they do not brusht their teeth and 1/2
>of their teeth are rotted out, and with the criminal
>background of the man she has married - is that grounds to try
>and fight for custody?

Yes, I think that the marriage, by itself, is a demonstration that the mother's decisions are not in the children's best interests, and that would be a substantial change of circumstances. The court can't prevent us from marrying who we wish, but it can protect the children of divorced parents from the danger of a new marital partner.

>
>2. Is an emergency hearing possible (we had a lawyer suggest
>it) at the end of the school year based on the facts mentioned
>above?

Emergency hearings are based on evidence of irreparable harm. Domestic abuse convictions of a person living in the home with the children would almost certainly qualify as showing such a likelihood.

>
>3. What are your opinions on the situation we are in or have
>you ever heard anything similiar to it?

The teeth deal could be a red herring for you, because, the court's response could end up being an order of MORE child support to help deal with the dental emergency. But, the new husband is definitely a threat, based on his past pattern of behavior stated in your facts.