In california, under the courts, what deems and 'unfit' mother?

We will go to court for child support. We live in Los Angeles.

On Jun 2010 my husbands ex got a divorce. She cheated on her husband with a lover. So he filed for divorce. While that was in process and final, she asked her ex-husband (stepdad) to take care of her kids for 1 yr so she can do her thing. She currently lives with her lover who she's pregnant by.

On July 2010 we took both kids in with us and we had to get a 2 bedroom apt. The rent was high and we didn't have $ for child support. Didn't matter b/c we had the kids. Stepdad (now legaly divorced) wanted the little boy to live with him b/c his special needs school is closer to his home. We all agreed. So by this point the boy was living with ex-stepdad and girl with us. The girl was going to school and to my husband surprise she would skip school, my husband would talk to her and such. He would work and I was very sick and on bedrest since Aug2010 (Hyperemesis Graviderum). The mother still kept complaining that she wanted her daughter back. In Oct 2010 she convinced the kid to move back with her mother and the lover. My husband and ex made an agreement that the girl will go back with mom on the condition that he will cont to pay the medical/dental insurance but won't be able to pay for child support on account of the new 2bedroom apt. Our lease is up on July 2011. We only have $150 for the whole month after bills and rent. Not counting our food or gas.

Now, the girl has changed 3 schools in one year. She left the second school b/c she started a fight and got suspended. Her grades are F, D and C. She needed to turn in a project before leaving her 2nd school but her mother said not to bother b/c she wasent going to go their anyways. Both ex-stepdad and my husband said for her to finish the project, she refused. Her mom takes her to the mall to shop, hang out with her bf's (she's 13), wears make up and pretty much lets her do what she wants and when the daughter dosent listen. She's calling my husband (sometimes late at night) and bitching to dicipline her.

The ex-stepdad and my husband want the girl to move in with him b/c the mother is a bad influence. Both kids don't like the mothers lover. The girl refuses and tells her mother. Again, the mother sends my husband a text barking that its his responsability for the kids medical bills and school and its not fair for the ex-stepdad and her to pay for everything. Basicaly she wants child support b/c she doesn't want to pay for anything out of her pocket when it comes to the kids.

He's sick and tired of her so we pretty much told her off. She barked that she was gonna take us to court. We frankly don't care as long as she f u c k s off and stops harassing my husband. We also want to put a restraining order on her before if she sends one more stupid text.

My husband pays for insurance and she complains that she has to pay for meds for the kids which she didn't before. Since its a new plan that changed at work. He has no other choice and can't change it until Nov 2011. The most expensive plan is $500 a month. She wants that one just so she won't pay for the medicine.

She goes out to party with her sister, doesn't let my husband see his kids, manupulates with the use of the kids, the daughter has very bad grades, the little boy is doing great at school b/c he's with ex-stepdad, she brought both kids into hers and her lovers life and the little boy doesn't like him.

While my husband and ex were together (kids age 5 and 2 ) she would leave them alone unattended without any adult supervision, would pick them up at 4am after partying at the babysitters, wanted an abortion with both of them, would cheat left and right on my husband, would hit him on the face, my husband left the apt they had under his name for the well of the children, she never paid a dime so now he has bad credit and still shows on credit report... among other things.

The ex-stepdad will help us with saying that my husband has paid child support all these 9 years since they seperated. So he should have to pay backpay. He's always paid. He was stupid b/c he would pay her cash insted of check. Oh well.

Would under the law she be considered an unfit mother?
 
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