Q: Can I win custody with recordings of mother admitting making daughter clean up drunk boyfriends throw up/spit off floor?
My kids mother has physical custody for my two kids girl 11 and boy 13. her boyfriend is an alcoholic and she had my daughter cleaning up his spit and throw up off the floor. We got divorced in 2017 and the kids remained living with me when she moved out until I got remarried and she decided to come take them away. They have lived with me all their life except for the months they were taken Jan 2019 - now of 2019. I have audio and text of her admitting to physical fights between her and boyfriend and she has not been employed at any job for over 3 months at a time for any job she has ever had. I’m on disability and remarried and fear she may try to argue my disability to win case. Is the evidence of making our daughter clean up spit and throw up of drunken boyfriend and he got drunk on my daughter birthday and made her leave the restaurant before eating and dropped her and her mom off at the entrance of apartment complex and made her walk home at night on her birthday enough to win.
A: It is difficult to say if specific instances will enough evidence to win a modification of custody. The decision will ultimately be made by a judge, and we are not judges. A judge will typically hear all of the evidence that is presented and determine what living situation is in your child's best interest.
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