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As part of a divorce proceeding the court makes a decision about custody if the parents cannot reach an agreement. If one parent has custody, and the other parent feels that there is a major problem, they must go back to court and provide evidence that the custodial parent is unfit and the custody should be changed. A parent can lose custody and even visitation rights at the judges discretion, depending on the evidence presented including:
- a drug/alcohol problem that they cannot get under control
- proof that the child is being neglected repeatedly (no food, left unsupervised, left in the presence of someone who is abuseive/neglectful)
- proof that the parent is a risk to the child (charged with risk of injury)
- proof that the parent is physically or sexually abusive
- proof that the parent left the child with someone who is physically/sexually abusive.
- if the parent is living or married to a registered sex offender (depending on circumstances)
Some things however are more difficult to prove than others. If the parent was caught with illegal narcotics in the house with the children in the house, that is almost always custody change. The arresting officer is required by law in such cases to notify child protective services. Once they are notified they can take the children and if the other parent does not take custody they will hold the children in foster care. Often they will assign temporary custody to the other parent until they can win permanent custody in court.
Keep in mind that what you may think is unfit may not be the same to someone else. The court will decide. Unfit is usually indicated by inadequate supervision, negligence of hygiene and diet, not getting immunizations, abuse or neglect and it has to be a demonstrated PATTERN - not an isolated event unless that is very serious.
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∙ 12y ago
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Is adultery grounds for obtaining child custody?
Probably not but it could be a factor depending on the circumstances of the adultery. Adultery is grounds for divorce in those states that involve "fault divorces" and can even play a role in spousal support, but child custody is totally different. When determining child custody, the most important thing to the court is looking to what arrangement is in the best interest of the child. Courts will seek to establish a situation in which the child can see both parents and provide stability to the child. If the cheating spouse is living in a morally questionable situation, then that would be a factor but otherwise, it will not be a single grounds for obtaining child custody.
What is required for change in child custody in Georgia divorce and custody was in state of North Carolina?
You will have to show significant change in order to change the custody agreement in North Carolina. Even if there are significant changes, it is up to the judge to decide the custody of a child.
Can a child be removed from custodial parents home at a preliminary hearing for reversal of child custody?
Only if there are grounds for concern for the safety of the child, or that the parent will run.
Do you have grounds for change in custody if your kids mother is dating a convicted drug dealer and is known to use drugs?
believe it would be grounds to check into
What happens to mothers who block fathers visitation in California?
They can be held in contempt which is grounds for a change of custody.
Can the father of my baby make me change the baby's last name to his?
It depends on who has custody of the child. If you have complete custody then you do not legally have to change it.
What is the average penalty for contempt of court for child custody laws in PA?
Contempt of court as regards custody is considered a change of circumstance resulting in a change of custody.
Do you have the right to get the child from the custody of her mother?
You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.
How long does a child have to live with a parent to change custody?
Length of time a child lives with a parent is not a factor in determining custody or modifying it. Custody is awarded based on the court's opinion of the child's best interests.
What is the length of time to get full custody in Florida?
Thank is difficult to answer. It depends on the facts. If the child is in danger, it can happen quickly, if not, years. Please provide more facts as to the age of child, grounds for custody and where each party resides.
Is a dirty home grounds for child custody to be lost?
Unfortunately, no. However, it is a piece of evidence that can be used. see links below
How old does a child have to be to decide where they want to live in nh?
Once custody has been awarded by a court it would take another court order to change that arrangement. The court may listen to a child's request to change custody but it is under no obligation to modify the custody order at the child's request. The court would be looking for an appropriate reason to order a change in custody such as the custodial parent being unfit and the change being in the best interest of the child.
