How to Prove a Parent is Unfit in a Child Custody Case
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- เผยแพร่เมื่อ 21 ต.ค. 2024
- Proving a parent is unfit in a child custody case is not easy. Here are a few examples of how to gather evidence when dealing with substance abuse, child abuse or child neglect. commandthecourtroom
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If you are seeking sole custody of your child one way to do this is to prove that the other parent is unfit. Proving the unfitness of a parent is not always easy to do. In my practice, I have been able to prove unfitness of a parent by proving evidence of drug abuse, alcohol abuse, alcoholism, etc.
This includes both illegal drugs and prescription drugs. If the other parent has a history of drug abuse for a significant number of years this should be brought before the court. Also important is whether or not they are currently in a drug or alcohol treatment program. Have they been through treatment or rehab but continue to relapse?
However, they don’t have to have a drug or alcohol problem for a number of years. If you can prove that there is drug or alcohol abuse going on presently this is also taken into consideration.
There are things you can do to help prove drug abuse in a custody case:
1. Request ongoing court-ordered drug tests in your custody case.
A failed drug test in a custody case can be a good indication of drug addiction in the parent.
2. Be required to get a drug screening and be evaluated for a drug treatment program at the treatment center. This involves being interviewed and assessed on how significant substance abuse is. The center can then recommend a treatment protocol to follow. If the other parent fails to follow the treatment program this is very good for your case.
Another Way to Show that a parent is unfit is to show evidence of child abuse or child neglect. Allegations of child abuse are very serious, so you must be prepared to back it up with proof. Abuse includes physical abuse, emotional abuse
Some examples of child neglect can be not providing meals when they should, skipping meals,, not monitoring the child doing homework, missing school, being left alone at the house, if they go to school tired or dirty, or without lunches, etc. If you can show a pattern of neglect it can show the parent is neglectful and should not have custody or parenting time.
Also, if there is evidence of child abuse such as police reports, criminal conviction, restraining or protection orders they are good pieces of evidence to provide the judge in your custody battle. Now keep in mind that just because the other parent has a substance abuse problem it does not necessarily mean they are unfit.
The judge will look at many factors which are called the ‘Best Interest of the Child’ factors which by law the court has to consider all as a whole when making a decision in a custody case. So I would not hang my hat on just this one factor. It might be that the judge not give you sole custody but reduce the parenting time of the other parent.
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💼Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.
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A lot of this stuff is hard to prove when dealing with a personality disordered parent.
A kid has to go through so much in order to be removed from a situation and that's sad. I understand the law but it hurts to know a child must be harmed instead of preventing mental or physical abuse.
I won my full custody case because the mother refused a court order to take a drug test, that's called winning by default.
all of this would be so simple if this was my case. what if you are in a custody battle with a sociopath who hasn't been diagnosed, with a clean record but there is no doubt he will be extremely damaging as a parent but is clever enough to cover it up.
I have some advice. If you are going to go to court and call the other parent unfit and sue for full custody, then don't go back later and expect them to watch the children all the time because you want to go out and party every weekend.
What about how to prove you are fit to be a parent
Can you please do a video on dealing with an emotionally abusive ex cluster B narcissist in court and preparing to show how they are on fit because of the emotional torture they have put the kids and me through
Lawyers are crooks.
They dont care about the child or other parent they have no emotions and only want money. Even if the other parent is a good one they try to taint their reputation as a parent.
What if the other parent is a narcissist and is involved in parental alienation
It doesn't matter and feminism sucks.
Sounds like it's more complicated than that.
If you can't leave a narcissist they are winning.
I’m 12 and I absolutely hate my mom because she hates me and only loves my brother. She openly told me she only wanted a boy. She also tells my brother I love you every night but I’ve never been told I love you before. She constantly rude to me and when I was a little younger she would slap me with a belt. One time my older sister was asleep and she slapped me with a belt then shut the door in the closet so no one could hear me. My dad loves me but he has a felony for something he did 10 years ago and he has changed but ... idk :(
What about an ex husband who has been trying gain full custody of children for years and has been going about harassing the other parent by calling CPS and making false claims of abuse?
Kimberly Fitness25 bring that to family court right away. The judge needs to see that. I made the mistake of not doing that, and it blew up, making things difficult because there is too big of a mess for the judge to sort through. Take matters to court before they become huge problems
Why is it that you have to prove a person is being unfit in order to get a chance for your child to live with you under your roof? That just is not fair at all. Half the time no one will speak up to the "outside" parent to let them know what is going on in the house. And # 2 what if the child is being brainwashed by the custodial parent into being loyal to them and they would break the loyalty code if they speak up into saying they want to go live with the no. Custodial parent which is usually there dad? Why is it only the child might go live with the dad if the child is old enough to say they want to go? It should not be determined only if the parent is fit. I think it is discrimination towards the "non custodial " parent which is usually the father.
Akstylez _ak Such good points. Divorcing a Narcissist who brainwashed the children and the mother's family makes me scared to file. I have stayed 10 yrs too long and now my oldest is 15. I'm so afraid he will chose his father since he is brainwashed by his father, hence my other child will then also go to my husband because the judge will not seperate siblings. Yet my spouse has barely cooked a meal, never cleans the house, doesn't pay bills, doesn't know how to manage money, doesn't go to doctor appointments, does not plan birthdays or buy gifts for any occasion, and so much more. Yet he sits and watches tv with the kids for hours, tosses the football around with them, plays video games with them, does not make them do anything to help around the house so he looks like the easy going parent, doesn't discipline the kids or anything that helps them get prepared for being an adult, etc. So in my son's eyes their dad is the best and I am only the boring mom who feeds them, takes care of all their needs in the other important ways. I know my husband for sure he can not step up to being a real adult parent and never will do the many things I do for my loving kids. He has my oldest convinced I am such a bad person, I'm sure he has planned this strategy to make me look bad so he will win. He is an evil condescending person to me at home or behind closed doors. Yet the minute that door opens or we are in the public eye he acts like he is the greatest husband and father. People fall for his b.s.. OMG, I am terrified of losing my kids yet my marriage is completely miserable. I feel for my kids enduring the effects of their parents in such a hateful, horrible, loveless and fighting marriage. That makes me feel even worse.
JK H U are not Long.. I've been through it and going to court soon.. All u can do is Have Faith. One day your child will grow up and All Darkness will come to Light. Be strong
Akstylez _ak
Im a Dad n yes i agree with you
Akstylez-al this lady's in fair when I was a child I was always tired I use to fall a lot too this lady and no one can call boo boos on kids abuse its ridiculous
Honey no abuse or neglect or drugs happend and my babies were wrongfually taken I dident even have a chance cps kidnaps kids especially babies just being born watch TH-cam of Nancy snyder
Does mental and emotional abuse determine a custody case?
I really wish, this question would have been answered from someone. It's a great question.
Edward Mitchell good luck with that one ☝️
Thank you for helping make children's lives better in difficult and unfortunate times.
Why is all this advice always about unfit mothers or taking custody from mothers? I was screwed by my abusive ex who used the system against me when my son and I were moving out of state. My ex actually lied for months about being ok with it, and instead used a number of tricks and lies to get our son so he wouldn’t have to pay child custody.
Too many parents are being falsely accused of drugs, abuse, and neglect. The irony in these situations is that the accusing parent and their attorney, will abuse and neglect State evidentiary standards when lodging their lies with the Court. Also, there is no requirement of proving parental unfitness when essentially "terminating" a parent's legal decision making rights
PAS IsAbuse totally happened to me. The emergency temporary orders hearing ate the worst. My ex's attorney purposely broke the rules, and used just enough of the truth to create an impression that I'm a bad mom. I'm currently a clean and sober, stay at home mom, but got out of a toxic relationship with an abusive drug user. They do it to put the other party on defense
Yes same here.... over and over again
What do you do when your judge doesn't see marijuana abuse as an issue? My judge said that she has no problem with my ex smoking pot 5 times a week.
do you deal with ppl with narcissistic personality disorder and high conflict? divorcing while pregnant.
Good luck, dealt with that too. I had to eventually go pro se because I spent 20k dealing with my narco ex. The judge placed the children with me and he is contesting that decision and not paying full child support... super fun... seriously, good luck :( Narcos love the attention of court. They love the attention from their lawyer and they love that it stressed out their ex. I have a protection order against my ex and he sees court as a way to still continue the engagement and conflict. If I were you, make sure to show stability for your new baby, save ALL text messages and show them in court, get a protection order if possible... seriously, do not feel sorry for him! He will play off anything you give in to and then use it against you in court... Example: I did not go for full custody and agreed to him having visitation, his attorney then tried to say I was unfit as a parent because I gave an "abuser" some visitation..... Its a nightmare.
Record every contact. In Georgia, as long as one of the parties knows they are being recorded, it's legal (unless they converse with someone else and NEITHER of them know.) If worse comes to worse notify them all conversations will be recorded and/or videoed. Get a body camera if at all possible and make sure it's visible if there are any UNCONSTITUTIONAL laws in your state / jurisdiction stating you can't record or video them.
Resilient Amanda, how is your situation? The first thing you need to do, is to go through the Emotional vs. Logical thinking. Take care of yourself first, and do what's best for your baby.
What about if the mother keeps leaving the babies with the grandmother while she goes off and does her 'thing'?
And the grandmother has to find childcare etc so she herself can go to work?
How do you force the mother to get drug tested?
The mother also has no home and stable environment or a job.
This is a sad case. Especially when the other parent loses their parenting time.
how would you now prove yourself to be fit if another parent is claiming unfit parenting skills? can you shine some light on the contrast of what you are speaking of in this video
How would you go about proving children go to school tired? In my home the children are to be in bed by 830, but during the week, my child's mother doesn't even pick up our child from sitter by 830 on average.
hard to make a claim to CPS when my x work for CPS and the CPS on call person tells you that your x works for the department...
I am fighting for custody of my grandson. His mom died March 29th and they lived with me. The father had liberal visitation and never tried to see the child. He also never give a dime in child support. The child is scared to death he will be taken from the only home he has ever known. Can the father win?
Question I don’t understand how people GO ABOUT UNLIKING THIS video is very informative ! ... thank you for all the information
Have you ran into a parent that is just trying to cause of problem out of despite and accuse them in a TO hearing and try and force a parent to any type fishing expedition without proving them unfit first? That's a unwanted search and seizer along with depriving them of due process. As in not allowed to cross examine or present there own evidence?
What about a custody battle on newborns? Can you do a video on that please. He’s trying to get full custody.
I already had been given custody, and because he had an attorney and I didn't, the judge didn't want to hear anything I said and was quite rude. I was not deemed unfit, and I never even got a fitness hearing or analysis. I was just stripped of all my rights, and in my opinion, it was because my ex is military and they go hand and hand with the police and judical Dept, so I was nothing to them.
Time and place, and it's coming up I can feel it. I'm not going to stick my head in the sand
Hi, Thank you for the videos.. How can you prove mental abuse by a parent?
Thank you for that info. I feel so much better about my case!
Hi Wendy, my sons fathers lying to the court to avoid paying child support. the opposing party has a pattern he has neglected my sons medical, school, hygiene, etc
They put an injunction on me because I was complaining to the court and I don't have a good lawyer. My son wants to come back home to me and his sister. My sons brain is deteriorating and his father has refused to acquire medical care, my son needs orthopedic shoes his father has refused to buy them now my son is walking on his toes always hungry. I need your help and advice. His lawyers are CPS workers who cover up everything
You, Ma'am, are helping People abuse their Children.
Kids have a Right to see both their parents, even if one of them is petty and dosnt want to have to deal with the other one anymore.
I just wanted to let you know that you are one of the key factors in young boys and girls becoming depressed, questioning their worth and killing themselves.
I hope you sleep well at night, because the kids of the people you support in court dont.
So do the parrents who are desperate to keep contact to their own flesh and blood and who are alienated thanks to your work, often leaving permanent scars in the tissue that should make up thesocial background of a growning adult.
With kind regards,
A product of the work of people like you.
Anyone have success protecting their child from an alcoholic parent? I have heard of a test PEth but met with a lawyer who had never heard of it. How do you order this test (tests for chronic heavy alcohol use) and get it to be admissable to court?
Can i file for sole custody of my kids if my husband left me and the kids and the kids have already told the court they don't want their father to visit them?
Hmm.. my in laws are trying all these accusations on me to get my husband and my son. Here's to hoping they didn't get it from this site. I may have a mental health issue but I'm not unfit. Funny how what should be used for true justice becomes lies and perversion.
How about When your mother leaves the children alone from about 6 to 7 hours once every two weeks or once a week father has police report stating that the chosen one I’m home alone in the adult supervision 13-year-old daughter 10-year-old,son five-year-old son and a two-year-old son
have you had a case with mental illness as a factor
trey yass thts wat i need to know
trey, what about severe thyroid issues? That has major effects on people's moods and spychi
trey
Yes.
Hello I have a question can you do a video on starting the visitation process once you’re established as the non custodial parent ? Thanks:))
what happens if a parent tries to bring their child in a car without a child seat when they are required by law to have one? i like to think a parent could be unfit for sole custody of a child after attempting this
Hi Wendy. Do you have any videos on what to do when you need to appeal a judges decision from trial? Also, one that explains how to go back to the beginning of the case's inception to explain that you acquiesced under duress and intimidation which resulted in years of stigma. I'm just unsure what type of motion to file or language to explain why NOW I am talking about things that happened years ago when the divorce and custody proceedings began but it is in order to have a fresh perspective with this new information and to show how we got from there to here after years of being ignorant to what started this domino effect to begin with. Thank you so much for your videos.
What about mental illness that has lead to physic ward stays ?
Man my boyfriend purposely tries to record me to make me look crazy ..like an argument can be done but it's like he restarts it to get proof of me going off..he just really pisses me off.
What if the parent is in jail for drugs, selling drugs from the hime, and has guns in the house.
What about trying to get custody from a non-co-parent? How would I go about trying to gain custody of my youngest sister? Would it still be the same process?
Thank you so much May Our Heavenly Father Bless your mission LOVE JUSTICE POWER WISDOM Pray for ☺️☺️🤔
can a parent be unfit if ur ex keeps getting married every year to different people! hes not stable at all ... and how can I trust my child in his care when he barely know anything about the person he supposed to be with !!
child support wants me to prove that my child lives with me and he is only 2...but I'm not on his birth certificate...I managed to get him under my health insurance...but I don't have school records and he hasn't been to the doctor on my insurance yet...Can't find the receipts for all the stuff I buy him daily...idk what to do
what about if the parent manipulates the child and punished the child if the child dont do what they want them to do.
are there any lawyers that you can recommend to me in the nc area. .I having a really really hard time even getting visitation from a drug addicted mother of my daughter
Well I believe you are unfit to be representing people just because a person is thin doesn't mean they are addicted to any drugs
A little about my case. I am the biological mom of my 2 young kids. My sister is the Guardian of them. I had weekend overnight visits wit my 6yr old for over a yr. My visits was stopped by the Guardian all summer for no reason. My questions are..
1.) Can the Guardian stop my visits wit my 2 kids when a stipulation from my last hearing was not signed?
2.) Does the Guardian of my kids have rights to adopt my daughter, when I have my parental rights? I am lookin to parent my 6yr old daughter full time,
She was willing to work with me in 2015, and no longer is. There is no communication between me ,and the Guardian. She has allowed me to visit my kids at her home. The visits go bad, because my kids Guardian threatens to stop my visits in front of my daughter. I would appreciate any advice. Ty for your time.
what about homelessness, he brought myself and the children through shelter 4 times, i actually gave birth to 2 of my children in shelter. we have been separated for 3 years now and he has mention 2 times that he has been in shelter without us. can this affect his access to the kids?
Other parent has drug abuse problem for years currently taking methadone which I’m glad she’s getting help I am her biggest supporter. My question is she’s currently in jail we have no set court agreement I feel my daughter should be with me and not the grandmother her mother.
If someone wanted to become a legal guardian for a minor who is in an abusive or neglect situation at home, could this be approved by the judge without parental permission?
Probably one of the most abused tactics in antifamily courts. My ex tried this crap on me, claiming I wasn't helping the kids with school work. All I needed was their report cards. No one is going to tell me when I can or cannot see my kids.
My kids father used to have a drug problem. Not anymore but he also went to the mental health hospital.
I have a big concern with her lying, about everything. She is recovering from meth use and was granted every other weekends with the option that if I suspected her of using I could request a drug screen. I did and she didn't go. Am I in the wrong to question who she is around while my kids are in her care? I am filing papers on my own on Monday or Tuesday for emergency custody. She will not tell me who she was with but I have found out on my own and he also has meth conviction along with assault with deadly weapons and child abuse.
I have a situation , I have lived with my mother who is the guardian of my son. I have lived with my mother and decided to move for the better of my situation . My mother has been alienating my son from me and I have tons of texts provided to the courts showing how much communication we had .
If I'm able to get custody of my son back what will happen with my son's father who has only seen his son 3 times a year the past 3 years ?
So sorry. I am going thru same with abusive ex taking to court
Wonderful mention in court room ! Thanks a lot .
I had question our family has had a loss of my sister one year an a half ago. And he has minors counselor and hes recommended my son sees a psychologist. Hes suffer if the lost but hes in counseling. What are the chances he could be remove for me ..?
What about if your dad is an Alki and used to be psychically abusive but now not and the just do it verballie and the kid has thought of suicide and cant sleep at night because he is scared that his dad will do something and his mum is poor like really poor and she is really depressed and the kid cuts himself and has attempted and has still thoughts of suicide what would happen would child service get involved and the kid gets taken away because that kid is me and I'm nervous because I heard something about child service
What should you do when the mother is an addict? And she’s been one for years but has never gotten caught for it to show history? How do you prove substance abuse when their is hardly ever any evidence? All we have one her is proof of her inability to stay in one place, (child has been bounced from home to home school to school) She was charged in 2017 for paraphernalia and illegal substance. But we need more proof ? Bcuz it is a closed case and won’t hold in court. All our witnesses are being subjected to “hear-say”. What else can we do ?? We have a GAL that was just assigned to our case
Is the custodial parent responsible for taking kids to the doctor and dentist. She is getting all appointments sent to her and is not notifying me.
What is the other parent has had two DUIs and has alcohol abuse and is going through drug classes already and is on probation but I have evidence that the parent is still actively drinking heavily? Also have evidence that parent has tried to pick up children while under the influence
Im preparing to Divorce my husband my question is? My husband has driven in the freeway in California with my little boy on his lap 80 mph many many times I recorded one incident about three years ago and he recently was stopped by the police for having my son on his lap and the police gave him a warning. And he has bought my little boy knife really dangerous ninth and my son always plays with them and I’m always in fear that he’s going to get hurt or stab himself he’s only seven years old is this enough to gain custody? Thank you
What about if the other parent isn't following court order not showing up when the other parent is supposed to are hiding out the the kids and lying to the cops how can I go about that?
What do I do if I left my exhusband for living two lives? He told me his second job was tow trucking and I found out he was a drug dealer. I have the text messages of him admitting to this. How can I trust someone with my daughter if he was able to hide his second life for several years? How do I know if he’s still doing this and how can I bring this up to the court? I also have had him arrested for domestic abuse in front of our daughter because I confronted him about his “second job”. When I told him he put me and the kids in danger by being a drug dealer he tells me I was never in danger because, he only dealt with “good people”. How can someone truly believe being a drug dealer is safe? I had an order of protection against him and he violated it several times and went in and out of jail. I also have those screenshots of him admitting to stalking me and he feels he’s justified for doing it. Can I bring this up in court and explain this is the reason I want sole custody? He also allows his family and friends to degrade, humiliate and bully my daughter. What can I do?
Do you still practice and if so how do I get in contact with your firm
How about my client will agree to the tests if your client also gets tested. Is that fair?
Wendy this is my situation at the moment.im having to sign a Joiner, i fully dont understand. if you can please help understand fully. what happens if i sign?
Why does supervised visits top emotional turmoil for child caused by such visits. Grandma has guardianship. Mothers on parole from 2nd deg child abuse, DUi number 2. Michigan
My wife left two weeks ago took my 3 kids out of state and hasn’t returned. I got papers in the mail saying she wants to file divorce. Is she allowed to just take my kids and take off out of state with no contact?
What can I do about malicious parent syndrome in my case?
What would you recommend in my situation, i have never been charged with any wrong doing, never been drunk in my life, never touched a recreational drug in my life, the mother pre-mediated the pregnancy, pre-mediated telling me to get lost within days of telling me she is pregnant, tells me i am f-cking dumb to think she liked me, tells me i am dumb to offer her a ring within minutes of telling me that she is pregnant and then manipulating law guardian Ella Marshall (Van Loon, married name) teams up with manipulating atttorney Silvia Josh and their recommendation is No holiday time, and 6 hours on Sunday, with sleep overs in 6 months, but i start with 6 chaperoned visits, and then the mother decides i shouldnt have any visiting time, and simply blows off the court order that was garbage to begin with. Fast forwarding 10 years after court, 16 years after Nick was born, 16 years of alienation, 10 years of harassment from a child support title IV-D scam, and $70,000 paid out for a child that i don't know what he looks like or sounds like. And then i learn Title IV-D is a contract, and only applies to unfit parents who abandoned their children, not fit parents who were already sending the ransom check to the mother while alienation was going on such as in my case. Get the picture? Hearing Officer Linda Pilsto said child support enforcement doesn't happen magically, the mother had to sign up for the service, and she said she did not sentence me to these criminals, that it was the mother, so how is it that they claim that they are following a court order signed by this non judicial hearing officer who said that she does not have an Oath of Office on file? I am being played by all these people and i need to get free; the child who just turning 16, does not want to talk to me or see me. It is very frustrating to be held at gun point to send a check to a p.o box 200 miles from where the child lives, so CSE can report higher collection numbers. This still doesn't feel real to me.
Hello, my name is Melissa Robinson. I have had injustice for 3 years. A judge wrongfully strips my daughter away from me and my 3 other kids with no true facts only word of mouth, Please check out my story I have been on the new 3 times and is currenly awaiting CNN call for 2nd interview about my story, Can you tell me what I can do ??
How did you contact CNN ? I wanted to give my story too.
melissa robinson she didn't respond...... smh.
melissa robinson It's been a year since you've posted this.... I to am going through a similar situation.... How did things turn out for you and do you have any advice you can give me in getting my daughter back!!! Thank you and God bless!!!
I would like to hear more as I too am having a similar issue
my friend in toronto had the same thing happen to her. she was a good mom from my view. she was arrested once for a altercation with her neighbor. no history of violence or abuse. her daughter went to the dad's house for a few days and she never got her daughter back. I feel bad for her. and I feel her pain. terrible.
My ex is a 4 time felon and has been convicted of child abuse revolving murder of a child does this count as a miss fit parent ????
Still want her in her life just wondering how I can be primary parent.
I want advice what happens in most cases where u had a small child after pregnancy with someone who had an addiction with drugs and alcohol and was a battered wife and the court used the mothers learning disability against her to rip her away from her child where there was no abuse coming from the mother how would u go about doing that when grandparents have custody but yet living with the child and doing custodial things with the child
What about emotional abuse such as biological mother and live in bf belittle my son and tell him he is a loser and won't amount to anything..also badmouths me to my son telling him if he wants to live with me that would be dumb
what if the other parent is dirty? and the house is a mess can have a effect on the case?
Ok... soo.. Say your ex was gaslighting you during your relationship, and it was your therapist that pointed out YOU ARENT CRAZY, but that he is the abuser (in other cases the sexes can be reversed). When you reached out to a women's safety organization he and his father took the infant you had together and held up in the grandparent's home. You filed a pfa, but originally you were from another state. So the court appointed lawyer says if you don't agree to supervised visitation cause you are a flight risk, you will never see your son... so out of fear you agree to those terms in the PFA hearing with the thought in the back of your mind that the family court judge will see this isn't right and be more understanding.... WRONG.... you get to family court and the ex's lawyer says you actually got supervised cause you are a danger to yourself and others (which he could cause the details weren't in the paperwork, just the supervised visitation).... so to your absolute surprise, the judge refuses to touch it saying he doesn't want to interfere with the PFA. Sooo again, dumbfounded... and representing pro se cause in bucks county PA the legal aid refuses to help you. Only with paperwork and only if you take a class, or can prove you are low income but don't take into account real bills/rent you pay on your own but determine work transportation costs and daycare costs as the determining factors for qualifying, if you don't pay into those, then you make too much.... So... Pfa, supervised visitation, pro se, judge wont touch it... he orders mediation. Mediation lasted no more than 5 minutes cause your ex refused to come to an agreement saying this is how he wants it the rest of your life.... fast forward... judge is annoyed... ex is really pushing that you are crazy... at this point you are in therapy AND abuse counseling, and both say you are not crazy that he is gaslighting you... soooo a conciliation evaluation (psychological evaluation) is ordered... you do everything you were supposed to... sign it, put financial aide papers through... and done so you think... months later no appt... no word... You come to find your ex never did his side of the paperwork. You give him a week being nice then file for contempt of a court order. At court for the contempt hearing, the judge leaves the verdict up to you. Knowing you are just there for your child and arent vindictive like his father you withdraw. The process starts. The evaluator seems to like you, you leave smiling. Last 2 meetings are with your ex, at this time the PFA has expired by a month.. interactions with your ex are still new since abuse counseling... The evaluator had previously interviewed the grandparents, whom apparently lied in favor of your ex. You are thunderstruck. With high anxiety you start to panic and not be able to answer questions correctly and panic more. You ex is pretty much proving you are not mentally stable. After the last meeting you call and request that the evaluator speak to your sister, he refused. He deems you unstable and should only have partial custody. You have not gone to court cause your ex kept saying you could work out the agreement. You een spoke to your ex's lawyer (being pro se you can) and both agreed a compromise would be smarter than court. Thats what the court wants. BUt your ex refuses and gets even more angry and spiteful that you had the nerve to speak to his lawyer even though the lawyer suggested so at court. A year of back and forth,make a deal not make a deal... NOW, I've completed a 6 week abuse counseling through a 2nd women's help program, put myself in parenting education through the county (still present), in therapy, and start trauma yoga through the abuse help program, still no criminal record, been doing pretty well keeping my anxiety/depression under control ( no meds) minus a couple very upsetting arguments with the ex, and run and compete in races as another anxiety outlet, and I work 2 part time jobs..... The ex had 2 PFA's within a year (mine and his gf after me), 3 DUI's prior to our relationship, and I have family court papers from NY for my other son of a relationship prior stating that this ex was in no way allowed alone with my older son (he terrorized him while we were together), and stopped taking his meds to treat mood swings and possible bipolar disorder... yet HE has full rights and full custody cause he has a lawyer........ What can I do to make sure our upcoming court date results in at least joint? I've done so much work over the past 2 years. Our son was 4 months old when all this started. I obtained letters of compliance and activity from all these organizations that have been working with me. All of them have cleared myself and my apartment for my son. I can't afford representation... but might I have some glimmer of hope in this messed up situation?? I hope you can shed some light.
I have a questions guys I’m married to a u.s citizen here in America and our child is u.s citizen too but I’m not i came here as fiance visa. Until now almost 2 years of getting married he still didn’t adjust my status (AOS) I only have marriage certificate and that’s all I have nothing. Our relationship is not really good I’m like a prisoner in the house I’m not allowed to go outside or to open the door if he’s not around he just hide us here most of the time (is this normal here in America?) I’m not allowed to have friends,he is abusive verbally,belittling me, and since I got here we just have 6 times of sex until this year I gave up already about our intimacy problem. And when we have fight he always bring up the divorce and he said he will keep our daughter because she is a u.s citizen and I’m not and he will send me home to my country.. so guys in my case I have no idea what’s gonna happen to me and to my daughter please I need advice.thank you
So my daughter father has joint custody. I told the judge how he was out of her life and wanted nothing to do with her and found out he is pro dad. So he gave the father joint custody and didn't even want to look at the evidence I had to prove it. I even had witnesses. Now that he has joint custody he lies about me keeping my daughter from him when he made the choice on his own and I have texts of him being disrespectful him saying I can have her a day he was supposed to have her (was eater) and its on voice recording. He continues to threaten to bring me to court. The problem is that judge as I said is pro dad and continues to take his side. And the joint custody has been officialized as of march 9. I was wondering how can I get a lawyer and get full custody when he hasn't provided her with the stuff our daughter needs as well as well as not picking her up on his own doing. He has also changed the days to get her so instead of Sunday to Tuesday he has been getting her Saturday to Monday so I made her doctors appointments Monday. All though a lot of the appointments were made before the custody agreement. And I can not afford a lawyer and my daughter always acts like he did something to her. She freaks out when I change her after every time he has her. When he decided not to pick her up the 4 weeks he was supposed to have her she was fine. So what can I do in a case like this?
Writing as I’m watching..... would notes from a child advocacy center saying they found sexual abuse true be sufficient? The father in question was also indicted on sex abuse 1 but did not get charged
i got full custody of my oldest 10 years ago though cps case. how to i prove shes still unfit for the 4 year old we had. we broke up finally and i want supervised visits
Although I am the primary. We have no longer resided in the same state when we filed divorce and custody. The non custodial parent has not visited our kids in three years. The past years he's gotten arrested twice for DUI. I want to go to the State to visit my family but afraid that he may want to have the kids with him. He's gotten verbally abusive towards myself and physically towards his new wife. No police report was filed so there is no record. Can I still file for soul custody?
What if a parent was arrested with a large amount of drugs and money with three of her four children? Two of them being under the age of four at the time. If she manages to get off with a cop out guilty plea of disorderly conduct. There also being two male adults in the vehicle who take the charges so she doesn't get in trouble, even though she knew exactly what was in the her vehicle. It all being less than a year ago, what are my odds of winning a custody battle and getting my 2 children from her? Even though acs were extremely bias and never even officially took them from her and assisted in her actually keeping the two toddlers in her home.
How can my mom tell the judge that her 17 year old son does not want to stay with his step dad he's not my real dad he adopted me but court in front of a judge
I have a 2 years old and her father was never on the picture until our child was 8 months old. He neglected our child from day one that’s why he wasn’t in the picture. Now his parents are getting involved and they want to take my child away and lying saying that I am a bad mother... he also kipnapped my child. I don’t know anything about my daughter. And another thing he say he didn’t wanted to be in the life of a child that was born out of wedlock. I have 3 other kids as well. Today I have to go to court. What can I do in this case..
Are text messages ammissable in court? And how serious do they take them?.. my sons father is drinking heavily while caring for our 3 year old. He is driving with no license with our child in his truck and just got a DUI, he has failed to pass his breathalyzers with probation.. I am also recovering addict but haven’t used is years but I am on methadone maintenance program, I have no legal problems what so ever.. is there a way that I can put in place that he has to take breathalyzers every hour or so while my son is in his care?
What about a parent that can't provide proper housing for the child? After the divorce she moves back with her mom in a crowd house where there's not even enough room and bedding for everyone?
I am the father. and I am concerned about my safety living with their mother. they are constantly sick. except for when they would with me. I have picked them up on Thursday visits before and in their sippy cups there is normally spoiled milk or sour juice. You can also smell other fluids have been previously in it like sweet tea. and normally there is curdled milk floating in the the cup even if there is juice inside the cup. it's hard to show that as evidence in the court so the only thing I can think of is to videotape my findings and have somebody else be the one talking to the video camera not myself. so what is the best way to percent is proof to judge? also I am presenting myself I cannot afford an attorney
You're representing yourself not wrapping yourself up for Christmas. You need to make discovery requests, and one can be to enter onto her land and in her apartment. You'll need to hire some lab nerd to tell if the milk is poisoned. Maybe the judge can appoint a GAL and they can get into the house. They'll tell the judge. The judge believes them.
Have you had a situation where it was not a blood relative who want custody of the child? Someone I know is dealing with substance abuse, being homeless and hotel hopping just to keep her kids. She also have not placed her children in school yet, and she told me She is even running from the police (I don't know what's going on) They are in a different state from me. she needs me to take her child (temporarily) what should I do to Get full custody ??? There is no other relative there to help her.
I'm a adoptive mother and I'm taking the biological parent back to court to modify the visit to video from in person. This man have mental illness and not respecting to adoption agreements. He's making the visit a nightmare can you give me any pointers please. Thanks!!
I’m sorry but can the child leave when he or she has fed up with the parent who has full custody on her or him from being treated unfair from the other brothers or sisters
Is that legal to just leave when u want and go with the other parent
Mrs Hernandez
Can you talk about best advice on what to do when the father or parent doesn’t see the kids as the court filed to do so during mediation . It’s been months the father of my children doesn’t want to spend his time with the kids because he says it’s only gives me an opportunity to spend my days with another person that it’s not him . Also how do I respond to harassing messages from them and get allow the kids to be around his family when he won’t want to spend time with them even after my daughter asks to see him but he won’t want to .
What if you have a heroin addict father who had supervised visits and came to visits high. Then ordered to inpatient and relapsed right after detox. And the entire year after was high and even overdosed. What rights does he have then?
how do you prepare your exhibits in Arizona? and table of Contents?
I have joint custody of my son. Last weekend I was dropping him off at his mothers house and her fiancé pulled a gun out on me in front of my son as I was trying to tell him bye in front of their house. I recorded the whole transaction from the time I got out of the car until he pulled the gun out. Do you think I have a chance to get custody or protective custody due to this?
Thanks for the help
DMO Boys Absolutely!!!! That creates an entirely different set of questions. Do you have an attorney? Hire one immediately.
My daughter wasn't charged with abuse neglect!