If the court deems one parent “unfit,” the other parent will likely receive custody. More details are definitely needed and you should speak with our team of child custody attorneys to provide you more insight. There is also 3rd person evidence and documented histories that will be considered in demonstrating a lack of fitness to be a parent. Getting started takes three simple steps. Instead of focusing on your ex, keep the focus of your argument on yourself. If, for example, they are involved in after school activities, such as sports or a play, will being in your custody allow the normal routine to continue? Fighting with your ex over bank accounts and assets is tough enough, but what do you do when it comes to the kids? IT’s probably a good argument to have, especially if she is “couch surfing” from one friends house to the next. Unless there are extenuating circumstances, such as a situation where there is a legitimate danger to the child, the courts will not want to exclude either parent from the life of the child. My son has threatened to want to kill my ex CPS was called and other stuff was found out going on in the house sending my son to bed without eating when not wanting to eat dinner .Still doing it.The reason why I didn’t get my kids in the divorce I was found in default. I am trying to get shared parenting of my son my ex keeps trying to give me less and less time with my son anytime I ask for extra time to spend with him she denies me the time she is trying to get summers taken away from me to where I only get him one week during the month and then my standard every other weekend I try to get it to where my son has close to equal time with both of us neither one of us are bad parents she is a good mom just as I am a good father how to I prove to the courts that we should have shared parenting because its in our sons bet interest to have both parents in his life not just her. During a child custody case, it's natural to wonder how to prove you are the better parent in court. Ask the court clerk what forms you need to submit to make your request. The allegations alone aren't enough, and the petition that you will file with the court must spell out the reasons the court should declare your ex … Get Legal Help for your custody issues by filling out the Free Family Law Evaluation Form! File a guardianship petition. FamilyLawRights.net will not have any legal obligation with you and your attorney. It will be difficult to obtain legal aid for something of this magnitude, but we do not handle that. The reason is that in family law cases, a judge is always trying to determine who the more responsible and mature parent is." It may seem counter-intuitive, but actually encouraging a relationship with the other parent is much better than telling the court that you want the other parent completely removed. However, if it is more of a permanent stay that will continue for a long period of time and there is a separate bedroom for the kids, that cuts back a bit on your argument. He recently got back with one of his ex’s that he’s had a fight with before. Hour havent been able to for four year due to he move the children with out me know to a different part of the state where me and my fiance have to drive 3 hours instead of just around the corner. Presenting Yourself at the Better Parent. If you desire to move forward and establish an attorney client relationship with one of our affiliated attorneys, you do so at your own risk. For the parents, it is best to try to work out some type of agreement so the scheduled days work well for all involved. My wife and I are trying to get custody if her two young boys. Lv 7. Schedule a free consultation today. ", Copyright © 2020 SterlingLawyers.com. All rights reserved. If you don’t trust your former spouse to be around your child at all, you can seek termination of his or her parental rights. By filling out the Free Case Evaluation Form you will be contacted by an affiliated attorney from our company. Legal Disclaimer: All information provided on FamilyLawRights.net is to be used at your own discretion. Many things go into what in the child’s best interests, and stability of living arrangements is absolutely near the top of the list. In today’s society, topics like physical abuse or domestic violence are repeatedly discussed, and there are many helpful outlets and resources for victims. If he was a good provider, write that down. Eventually the court could also decide to terminate their parental rights. Generally, parental fitness is addressed in juvenile or family codes. “The courts are wise to parents being on their best behavior when the courts are looking,” explains attorney Kinsler. This is the most extreme result of being deemed an unfit parent. It’s not about changing everything about you now that an action has been filed.”. The mission of the Sterling Series is to build up and strengthen families. How You Can Prove Your Ex Is An Unfit Parent The court will carefully examine your claim that your former spouse is not fit to be a parent. The line of presenting yourself as the better parent vs attacking your ex can be very fine. The Court will require that any allegation of a parent being unfit be proven by providing necessary supporting documentation such as police reports, photographs, medical files or other verifiable documentation. Is that a valid enough reason for the children to not do overnights? If anything, you want to petition the court for more visitation rights. Living with a fit parent would negatively affect the child’s growth and development. An Attorney can assist you once you're able to verify that your children are safe. That being said, it is not a rare circumstance either. Make a list of his / her best qualities. Ask yourself this question, “If I win custody, will my child’s everyday life dramatically change?” If the answer is no, you are already on the path to proving you are the better parent in terms of the overall well-being of the child or children. We moved an hour south of them a year ago to help my mother in law with health issue but now she has moved we have a a room for them, we have a reliable vehicle we live in a community with a good school, her sister lives 5 minutes away and we are part of the volunteer fire department. There is first person evidence. In other words, it is the responsibility of the individual who believes that they are the “better parent” to prove this to the court. I get to see them every other weekend as mandated in the court agreement. Every state has a different standard for what constitutes an unfit parent. Can the Courts Modify or Terminate Alimony post Divorce. 5 years ago. or fill out the form below to book a consult. Our goal at FamilyLawRights.net is to get you started in the right direction by providing information and qualified advice from our affiliated attorneys. Relocation requires a number of things to be granted: better job, better hours, better money, better schools, better living arrangements, better/more family around, etc. Gather up proof of this, make sure your house is in impeccable order, and get started immediately – these types of things need to be handled quickly and done the right way the first time, it is often difficult for attorneys to fix mistakes that are made when a person without an attorney attempts things hastily, so give our team a call soon. tehabwa. We bring you stories about building strong families and creating healthy company cultures. Joint custody means both parents retain a parental role in the upbringing of the child. 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