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What are the legal steps to prove a custodial parent unfit due to alcoholism?
Wiki User
∙ 12y ago
Am searching for ways to prove that my ex is unfit as the custodial parent of our children due to Alcoholism. He frequently passes out and leaves my 2 children, ages 7 and 9 to completely fend for themselves. I need some guidance quick! Go to "Children's Aid" and have them stop in at the time you know that your husband passes out and leaves your children to fend for themselves. Once they see it with their own eyes they will take the children, but probably at a later date give you sole custody. Although this is traumatic for the children it's a must! Hopefully you are capable of raising the children and will have to prove this fact as far as finances, home, education, etc. The children always come first and you sound like a great mom, so go for it!
Wiki User
∙ 17y ago
Wiki User
∙ 12y agoOuch, I am going through this as well, the first step and always most important is protecting the well being of the children. Would they benefit from the removal? The steps I took, were a heart to heart with the parent. I gave options on how to get sober, when that didn't work I called Child protective services and they opened a case which sends a case worker to the home and they evaluate it and see if the claims are indeed true. They interview the children, and examine them. Interview the schools, attendance records. They determine if the parent is unfit. If the parent is single, try and find the mom or dad. If they are both drunks, the children may be removed and placed into state care. Be clear, the state doesn't "care" if the kids are well taken care of. Or if they stay together. If you are willing to take custody MAKE IT KNOWN until the parent seeks help. Foster care is awful. So unless the parent is unfit to the 100th degree foster care may be just as bad. Good luck!
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When a noncustodial parent is ordered to pay unreimbursed medical expenses how can you prove the custodial parent has coverage when you have verbally verified it with the carrier and she denies it?
Have your attorney issue a document subpeona to the carrier to get proof of the coverage. Can you still subpeona if the rights of the noncustodial parent have been recently terminated? The information requested would only be during the time frame that rights were effective to prove that the custodial parent had insurance coverage that she failed to relay to domestic relations.
Explanation of what child support is used for?
Child support is based upon the income of the parents. The custodial parent does not need to prove what the child support was used for. The custodial parent is expected to provide housing, food, utilities, etc. to the child.
Can you collect over payment if custodial parent lied to court?
The non custodial parent may attempt to recover any monies that have been rendered over the amount specified by the court regardless of the circumstances. It would be necessary for he or she to file a suit against the custodial parent in the appropriate state court. He or she will be required to present to the court some form of valid documentation to prove the claim.
Is it possible to sue the new wife for enabling the non-custodial parent to evade child support?
You can sue the new wife for enabling the non-custodial parent to evade child support if you can prove that she did so deliberately and that she knew about the child support order. Each state has its own laws about such things, but ultimately it is the non-custodial parent's responsibility to pay, and you will have better luck suing him for not paying than her for helping him.
Can a non custodial parent who pays child support but chooses not to visit his children be taken back to court for increased child support payments bc his ex incurs those 4 days expenses?
Sure, the non-custodial parent can be taken back to court for increased child support, but it will be up to the judge if the increase is granted. Also, it will be up to the custodial parent to prove the increased expenses.
Is the mother of a child born out of wedlock the custodial parent?
Yes, since we know she is the parent. The father have to prove paternity by a DNA test in court and he can then petition for visitation, custody and also pay child support.
How do you find out if a child has been withdrawn from school by custodial parent?
Go to the school, bringing necessary documents to prove you are the parent, and find out if the child is still attending school there. Even though you aren't the custodial parent, you do still have a right to know if your child is still enrolled at school. They should be required to tell you, unless there are extenuating circumstances which would prevent them from doing so.
How can you tell if your daughters mother claimed her on her taxes if she lives with you?
Be mature and ask.... The IRS has pretty strict rules for determining who can claim a dependent, and for the most part it's the custodial parent (the one she lives with more than half the year) unless it's either specifically stated in the divorce decree and/or the custodial parent signs a form agreeing not to claim the child and allowing the noncustodial parent to do so. If neither of those are the case, and you know you can prove that you are, in fact, the custodial parent, you can go ahead and claim her. If the IRS computers kick out the forms because the same SSN showed up on both, you can prove your claim is valid, and she won't be able to.
What is another name for custodial interference?
Another name for custodial interference could be parental alienation. If the parent is not allowing the child(ren) to see the other parent or has interfered in a way that the children are so angry that they now don't want to see that parent, it is alienation.This is a difficult thing to prove in court and deal with, but any type of custodial interference, where one parent is preventing the other from his or her visitation needs to be taken to the courthouse so a judge can put a stop to it. Children need both parents in their lives, unless there is a proven reason that it is not in the children's best interest to be with that other parent.
Custodial Rights?
There are many cases where a person’s custodial rights over a child are disputed. Divorce of two parents, the decease of a legal guardian, or inadequate parenting abilities all can place the decision of the custody of a child into the hands of a court. Unfortunately, custodial issues can prove to be very upsetting for the child in question, and because of this, all custodial rights disputes should be settled with as much speed as possible. Having a thorough knowledge of commonly accepted custodial rights is beneficial in expediting the legal process. Several factors are included in determining a parent’s child custody rights. In the case of a divorce, the court must determine whether or not each parent is eligible for physical custody. Physical custody is defined as the right of a parent to house the child in question at his or her abode. In joint physical custody, the child lives alternately at the separate homes of both of his or her parents. Depending on the court’s determination, the child might live primarily with one parent and only stay at the other parent’s house occasionally, or the child might spend equal time with both parties. A parent can also gain sole physical custody in which the other parent is only granted visitation rights or is completely barred from the child’s presence. Sole physical custody is oftentimes granted to a parent when the other parent has been determined to be dangerous or detrimental to the child’s welfare. In order for a parent to regain some physical custody, the parent must prove to the court that he or she has permanently changed his or her ways and that the child would be completely safe under the parent’s care. Custodial rights are approached in a very different way when dealing with the adoption of a child. After the decease of a child’s parents, the court must decide which of the child’s relatives is most eligible to assume the child’s care. The court undergoes extensive legal procedures and investigations to determine whether or not a prospective guardian would be suitable to look after the child. Finally, custodial rights might be disputed if a parent has displayed inadequate parenting skills. A court can mandate that the parent lose his or her custody rights if it appears that the child’s welfare is endangered under the parent’s care. In order to keep custody of his or her child, the parent must prove that he or she is a responsible guardian of the child.
What can you do to prove that you are not an unstable mother and to keep primary custodial parent with joint custody in Illinois?
That is dependent of evidence. Consider counter filing for Bird Nest Custody. See link
In Missouri is it legal for an ex-wife to instruct a fourteen year old child to audio record the father and his new girlfriend in his own home to use in a custody battle?
Generally, Missouri law provides that it is not unlawful for a person who is not under color of law to intercept oral communications as long as they are a party, or one party has given consent. Instructing a child to record conversation at her father's home does not meet the requirements for a legal recording. However, there are other serious legal issues that would be involved with that activity.The parent using their child to spy on the non-custodial parent, or secretly gather information for the custodial parent's use, would constitute parental alienation. Teaching the child to spy and making her do it would constitute a major interference in the child's relationship with her father. It can have a devastating effect on both the non-custodial parent and the child. The courts are well aware of the existence of parental alienation and its effects. It is not viewed lightly. The court can impose sanctions and a parent who persists in trying to alienate the child from the other parent could eventually lose custody. Any recordings presented to the court as evidence against the non-custodial parent may backfire and prove to be a problem for the custodial parent instead.If you plan to use a child to spy you should consult with an attorney before you act. You should also take a parenting class through the court geared toward divorce and children, and obtain some counseling. If you have been a victim or think you have been a victim of child spying you should consult with an attorney and take legal action. In that case, the custodial parent does not have the child's best interest in mind.See related link.
