Legal advice regarding custody of twins?

Question by Lil_miss_devious: Legal advice regarding custody of twins?
This situation is hard to explain, but I’m going to try to keep it short. My boyfriend has twins whom he has been living with their mom up until two months ago. During this time he has been forced to give half or more of each check to his ex to stay there or she would kick him out. She lives with her parents, so its not even her house, but she still collects the money. He has been broken up from her for over a year now but hasn’t been able to move out because he works a minimum wage job and she demands money. So I helped him out and got him a place. She then still demanded money, coming to his work every pay check and refusing to leave without a couple hundred. If he doesnt pay or doesnt pay enough, she tells him he cant see his kids and threatens to get him for child support. She collects about five hundred dollars worth of food stamps and recieves government paid insurance for both of the boys because she doesn’t claim him. She constantly calls him every day saying the kids are acting up and she cant handle them. She will leave voice mails yelling at him telling him to come and control “his” kids. Ive had to personally take him out there (she lives about twenty minutes away) to go “control his kids”. Along with this she tells him they shouldve given them up for adoption because she cant afford to take care of them. The mother has no job and no car and lives solely off of the food stamps and his money. Every pay day, she comes up with another bill that HE has to give her the money to pay. He feels like its his duty since he isnt there anymore to help take care of his kids. But the kids are being neglected. Whenever we pick them up, they never have clean clothes and they stink. The first thing we do is bathe them. Their socks are supposed to be white but are literally black as the night sky. Their mom’s house is full of roaches and is very unkept. They have a dog and multiple cats which is why their clothes smell of animal urine. One of the twins has came over with a bruise on his shoulder and said that it was from his mom’s boyfriend hitting him with a belt. She keeps calling saying that that same child has been trying to run away. Me and him talked to him about it and asked him why, and he broke down into tears. His brother talked for him and said that all they do is argue and yell at their house. (The mother again lives with her parents whom one is a drunk and the other a pill head). Their mother also is a pill head whom gets a script of Vicodin every month for around a hundred pills and sells half of them. When she’s high she tells him she can take the kids cause she cant control them (so we went and started enrolling them in school), then she changes her mind and says no, we will work something out just give me money every pay. The woman is crazy, and she’s a gold digger. She has been using them kids for money since the start. She has never held a job, or done anything for them. For once this is a story where the father has worked his butt off for his kids and this is what he gets in return. We want to get custody or atleast custody of one. What advice can you give us? The twins are 8 years old. Its now tax season and shes demanding almost two grand of his taxes.We have to do something because we’re barely able to make rent due to handing her money. Hes scared of child support and scared he will get in trouble over her cheating welfare when he has been there the whole time. Do you think he has a good chance in court to prove the mother unfit? We have been saving all voice mails and text messages lately and receipts for all the money we have spent on them. What are our options? Any advice will help. Thank you.

Best answer:

Answer by Queen of Beer
First of all, if there is no court agreement for child support or custody both of the parents are total idiots! Secondly, to only want custody of one of the twins is terrible! They shouldn’t be punished because their parents aren’t together anymore. He can’t prove the mother unfit unless she is really unfit – like into drugs (herion, cocaine, etc.) or if she is abusing the kids. Tell him to go to court tomorrow and file. It is ridiculous he hasn’t done this!!!!!

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