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Custody and bad father question

post #1 of 3
Thread Starter 
I have a question for a friend.

She has a baby who is one year old this month (slightly younger than my baby, but close in age). She has children who are older too. She says her husband will not help with the children at all and gets very angry with her when she speaks to him ever. Her husband apparently just gets so angry at the children all the time too that they do not want to be left with him. She has not mentioned hitting or anything though so I assume that is not going on, but it could be.

She called me last night in a panic because apparently, she asked her husband to give the baby a bath and he blew up at her for it, but did it anyway. She was reading books to the older children and getting them to bed. But when she came back to the bathroom, her husband had fallen asleep in a chair in the bathroom, sitting up, while the baby was in the tub, with water in the tub. She has no idea as to how long he had been asleep. She tells me he drinks heavily and is very addicted to computer games and spends most of his time, when not at work, playing computer games and drinking. He rarely does much else and has no friends, but has coworkers he might be friends with, and wants no contact with other people. He has holed himself up in his office pretty much around the clock when not at work.

She wants to leave him, but lawyers she has seen have told her that without proof that he is like this, he would get joint custody. And if she pushed it, the courts could even give him full custody, which they have done in the past, due to her being labeled a vindictive parent. She says she cannot leave him because she cannot risk him being left alone with the children.

What do you all suggest? I am not sure about this stuff but I feel awful for her. She feels trapped.
post #2 of 3
And if she pushed it, the courts could even give her full custody, which they have done in the past, due to her being labeled a vindictive parent.

I assume you mean that she's afraid he will get custody? I've been divorced and read a lot about it, going through it, but I've never heard of a mother being labeled a "vindictive parent" just for filing for divorce. In what way does she think she'll be considered vindictive?

Also - given that he resents "having" to parent, would he even go for custody or anything more than minimal visitation?

I assume she has always been the kids' primary caregiver; that holds a lot of weight with courts. In a divorce agreement, she can also put clauses about alcohol use, such as that neither parent will drink 12 hours before being responsible for the children, etc. She can ask for supervised visitation, or at the very least, gradual visitation based on the fact that she has done the bulk of the parenting. She can request that he go to anger management classes, etc.

She needs to see a different lawyer; one that will fight for the thing she wants, and is willing to offer creative compromises. The first lawyer I ever consulted with was awful; I told her how my ex was drinking/acting abusive and asked her what I could do - she shrugged and said it didn't matter. She was just extremely lazy and as I later found out, a "fathers' rights" lawyer! So just as a doctor can either be effective or run-of-the-mill, so can a lawyer. Tell her to keep looking for the right one. I went to several before I found one who realized I was much more concerned with visitation issues than I was about financial issues.

In the meantime, although she has a right to expect that her husband should be able to parent responsibly, the fact is: he doesn't - so she should not ask him to give the baby the bath or anything. My ex acted much the same way and I vowed to myself I'd stay awake 24 hours a day if I had to, but that I would not leave my son to his irresponsible parenting.
post #3 of 3
Thread Starter 
Yes, I meant that he would get full custody, sorry. I will go back and edit it.

I do not know her husband that well so I do not know that he would go for custody. She thinks he will, not because he wants to, but because his parents would want him to. His only sibling is divorced and did not want that child but sued for custody anyway and got it. I do not know the circumstances around that, other than that the grandparents are raising that child now, while technically, the one parent has custody, so it was just about keeping the child from the other parent.

When I visit her, I don't really talk to him. He stays off on his own and in all the years I have known her, I have rarely seen him.
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