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Proving a mother is unfit in a child custody case requires solid evidence. Here are examples of how to prove substance abuse, child neglect, child abuse, parental alienation or mental illness.
DEMONSTRATING RISK TO CHILD
To prove your ex is an unfit parent, you need to demonstrate a significant risk of harm to the child or children. State laws vary in how they describe what being unfit means. Ultimately, a judge can deem a parent unfit for almost any genuine reason.
A common reason mothers are found to be unfit is substance abuse, which can include alcoholism, use of illegal drugs, and being addicted to prescription medication.
Just having one or two incidents in the past is probably not enough to demonstrate unfitness. You may need to prove that her substance abuse problem is recurring.
Alternatively, you could show that she has a current substance abuse issue. To gain evidence, you can seek court orders for her to do drug tests or enter a substance abuse screening and treatment program. If someone has observed her under the influence of drugs or alcohol with children around, ask them to be a witness.
A neglectful parent may cause a child to be malnourished or dirty for example, or have an untreated medical problem.Teachers can be your best source of evidence of neglect regarding school aged children. For younger kids, photos are helpful, or observations from any witnesses.
A physically abusive mother may do things like hit, squeeze, push or pull her child. Maltreatment can be disguised as punishment for bad behavior, though abuse is characterized by excessive brutality and cruelty or lack of control. Often, physical abuse is connected to a mother’s anger management problem or other mental disorder.
Photographic and medical evidence helps to prove physical abuse when incidents are not witnessed by other adults. The child may exhibit injuries such as bruises, wounds, burns or even fractures.
Emotional abuse, which is also known as psychological abuse, includes: rejection and failing to give emotional warmth, habitual hostility, and verbal abuse such as teasing, bullying, yelling and criticism.
Proving a parent is abusive in the Family Court may rely on evidence from: Child Protective Services, medical records, child psychological reports, witness accounts, and police reports.
Parental alienation by the mother is a further reason why Dads are awarded sole physical custody.
To prove a mother is trying to alienate you as the father, document every disparaging remark you hear about. Record the time of each incident and include as much detail as possible. While the mother may deny trashing your reputation, having this evidence can only help your case.
Also use a journal to document your attempts to see your child and be a good father. Communicate by email or text message so that you have a record of her efforts to frustrate the father child relationship.
Other things you can do are to take screenshots of any relevant social media posts, request that the court assign an independent children’s lawyer, and also ask for reunification counselling.
What about mothers who prevent visitation? Well, this can also be considered a form of parental alienation. Especially when visitation orders have been made by the court, including temporary orders, a mother who stops a child seeing their father is at serious risk of losing custody.
Mental illness can also lead to a mother being deemed unfit for parenting. A significant mental impairment is most easily shown if a mother has a history of psychiatric treatment. The best evidence is a clinical diagnosis of her condition, along with recommendations for treatment, such as therapy, or prescriptions for mood stabilizers or anti-psychotic medication.
If past records are unavailable, most states allow you to file a motion to have your ex undergo psychological evaluation.
Proving mental illness is often difficult though. For example, many fathers who find themselves in the Family Court believe their ex has narcissistic personality disorder. NPD is rarely diagnosed, in part because sufferers believe nothing is wrong with them and therefore seek no treatment. Even when they are assessed, NPD parents can fake their responses to appear normal.
Where mental illness cannot be proven, you may be advantaged by instead focusing on related behaviors. In particular, ask yourself, “Has the mother displayed a pattern of behavior that shows disregard for child welfare?”
Mental illness or behavioral issues do not rule out a mother being awarded significant parenting time. The best interest of a child is often served by managing the mother’s specific problems, rather than simply pushing her out of her child’s life. Even if a mother is mentally imperfect, her child may still benefit from knowing her well.
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How to Prove a Mother is Unfit for Custody
mothers daughter text.