Divorce can be a very emotional process. When you add in a child custody battle, it can be downright painful. However, if you feel that your spouse is unfit to parent due to illness, drug addiction or any other issue, it’s important to fight for your right to sole custody.
Succeeding in having the other parent declared unfit for custody is tricky. The minute you file papers with this intention in court, you are opening yourself and your ex-spouse up to be scrutinized by court officers.
Proving your co-parent is unfit to parent
The court will be looking out for the best interests of the child, so you will need to prove that your child’s other parent is an unfit custodian. You can present any of the following as proof:
- Questionable behavior: Photos, videos, text messages, or voice mail messages that show your ex-spouse behaving in a questionable matter.
- DUI, DWI, or drug arrest records: these can be used to prove that the other parent has an addiction problem
- Domestic Violence: Medical records, photos, witness statements, or police reports proving that you and the child have been victims of domestic violence
- Illness: medical records and sworn statements from doctors and nurses can prove that your ex-spouse is too ill to maintain custody.
You may also wish to gather evidence of unfit living conditions maintained by the other parent. These allegations may pertain to:
- Neglect: There are four main types, including emotional, physical, medical, and educational neglect.
- Abuse: Physical, emotional, or sexual abuse falls into this category.
- Frequent CPS visits: If your other parent has been subject to numerous visits from Child Protective Services, this is a big red flag to the court.
Proving that your other parent is unfit for custody of your child can be challenging and emotionally draining. Seeking legal assistance with this matter can help you handle your custody battle.