What is the name of your state? ca
This is actually for my brother: He and his ex have been separated since Dec of last year. She was hospitalized from Dec 20 - Feb 8 for pnemonia and almost died. We picked up the kids on Dec 24th for christmas. They were dirty, smelling of urine, looked disheveled and dirty, they had bad breath and were infested with lice. (At this time, Mom was already in the hospital) We spent the better part of chrismas eve cleaning them up and 4 hours were ridding the kids's head of lice. We found out later that the Mom had been found onthe floor of her room unconsious with no blood pressure. Mom lives with her parents in a converted uninsullated garage. When kids were with her, they slept on the floor. Mom also has been taking Vicodin and Morphine for a digenerative back disease and Paxil and Xanax for depression. She at one point had shock treatments for her mental ills. Father stated that he couldn't work regularly because he was afarid to leave the kids (2 and 7) alone with her. She would be in a stuppor and zoned out. When the children were returned to her parent's house on Christmas day, there was an altercation between her parents and my brother. We left the kids there but then decided to go back and get the kids with the police assistance and have had them ever since in another county. Now the mother has gotten an attorney and demands the kids back and wants my brother topay alimony and child support. THe mother is permanantly disabled and is on oxeygen. There is no physical way she can take care of an active 2 year old boy. She has no desire to get physcially or mentally better. She has a history of drug abuse and at one point in the marriage had all her teeth pulled and never got dentures. My question is what are the chances my brother will retain physcial custody? What are her chances of alimony? My brother is a CNA and makes $15 an hour. He is afraid that if he pays alimony or chikd support--none of the money willa ctually go to the kids but to the grand parents that the ex wife lives with. Ex wife is totally dependent on her parents for support, care and transportion. He lives with me rent free and he has a lot of help from me with his kids. He is no saint but the lesser evil of the 2. He had a drug problem and as recent as 2 years ago, had 2 dui's which are clear now. Does the court still favor the mother historically? Will her physical state and the place where she lives be a factor? She lives in a crime ridden lice infested home. She sleeps in an uninsulated garage while, I live in an upper middle class neighborhood. The kids have their own room, clean clothes, they have a set bedtime, they brush their teeth etc..This is the first sense of normalcy they have ever had. The schools are top notch and the kids have cousins her age that she plays with. THe 7 year old wants to stay here but is afraid to tell her Mom because she doesn't want to hurt her feelings. What are my brother's chance realistically of keeping them and she get visitations?
This is actually for my brother: He and his ex have been separated since Dec of last year. She was hospitalized from Dec 20 - Feb 8 for pnemonia and almost died. We picked up the kids on Dec 24th for christmas. They were dirty, smelling of urine, looked disheveled and dirty, they had bad breath and were infested with lice. (At this time, Mom was already in the hospital) We spent the better part of chrismas eve cleaning them up and 4 hours were ridding the kids's head of lice. We found out later that the Mom had been found onthe floor of her room unconsious with no blood pressure. Mom lives with her parents in a converted uninsullated garage. When kids were with her, they slept on the floor. Mom also has been taking Vicodin and Morphine for a digenerative back disease and Paxil and Xanax for depression. She at one point had shock treatments for her mental ills. Father stated that he couldn't work regularly because he was afarid to leave the kids (2 and 7) alone with her. She would be in a stuppor and zoned out. When the children were returned to her parent's house on Christmas day, there was an altercation between her parents and my brother. We left the kids there but then decided to go back and get the kids with the police assistance and have had them ever since in another county. Now the mother has gotten an attorney and demands the kids back and wants my brother topay alimony and child support. THe mother is permanantly disabled and is on oxeygen. There is no physical way she can take care of an active 2 year old boy. She has no desire to get physcially or mentally better. She has a history of drug abuse and at one point in the marriage had all her teeth pulled and never got dentures. My question is what are the chances my brother will retain physcial custody? What are her chances of alimony? My brother is a CNA and makes $15 an hour. He is afraid that if he pays alimony or chikd support--none of the money willa ctually go to the kids but to the grand parents that the ex wife lives with. Ex wife is totally dependent on her parents for support, care and transportion. He lives with me rent free and he has a lot of help from me with his kids. He is no saint but the lesser evil of the 2. He had a drug problem and as recent as 2 years ago, had 2 dui's which are clear now. Does the court still favor the mother historically? Will her physical state and the place where she lives be a factor? She lives in a crime ridden lice infested home. She sleeps in an uninsulated garage while, I live in an upper middle class neighborhood. The kids have their own room, clean clothes, they have a set bedtime, they brush their teeth etc..This is the first sense of normalcy they have ever had. The schools are top notch and the kids have cousins her age that she plays with. THe 7 year old wants to stay here but is afraid to tell her Mom because she doesn't want to hurt her feelings. What are my brother's chance realistically of keeping them and she get visitations?
