Dealing with a child custody fight can be exhausting. Not all parents are capable of making logical decisions and properly caring for their children’s needs. If one parent endangers the child’s welfare, a judge has the authority to grant sole custody to the other parent.
Proving a parent’s unfitness is a challenging and arduous task. During the child custody evaluation, both parents are considered equally responsible for meeting the child’s needs and creating a safe environment. However, if a parent’s conduct and attitude have the potential to endanger or cause harm to a child, the court will intervene to protect the child’s rights.
Proving that your ex-spouse is an unfit parent
Certain data can influence decisions on child custody. These include:
- Substance abuse or addiction: Drug or alcohol abuse often hinders the ability to be an effective parent. To prove this, you can provide drug arrest, DUI or DWI records as substantiating evidence of the other parent’s addiction challenges.
- Abused or domestic violence: Photographs, witness accounts, police reports and medical records can be utilized to establish that you and your child were subjected to domestic abuse.
- Chronic or extended illness: Medical records and sworn testimony from healthcare professionals can establish the inability of your ex-spouse to fulfill parental responsibilities during periods of illness.
- Work schedule: A parent with an erratic work schedule or frequent absences due to their job location seldom has the chance to engage in meaningful interactions with their children. If the parent is unwilling to change jobs or make arrangements to work more reasonable hours, they may be deemed unfit to parent.
The parent is accountable for the welfare of their children and must continually provide a safe environment for them. If you have concerns about your ex-spouse’s ability to care for you, seek guidance to assess your options.