What evidence do you need to present in a divorce case to prove a parent is unfit to care for the children?

Answer 1

Be sure that his ex wife is indeed neglectful of the children because otherwise it's a rotten thing to do. Sometimes ex's are bitter towards each other and will fight over who gets custody of the children. Be sure that shared custody isn't the best thing because the children only see your fiance as "dad" and his ex wife as "mom". Children are usually the ones hurt in this process. If indeed she is negligent then he can call "Child Welfare" (that's what we call it in Canada) to evaluate the situation, or retain a lawyer to prove beyond a doubt she is indeed negligent with the children. This is touchy because you don't know everything that went on with your fiance and his ex. It's important that he is taking this action for all the right reasons. What may be the father's outlook on what neglect is, may not be so. Remember, you will be involved in this as well because if he gets full custody you'll be helping to look after those children too and it's going to be one tough job and extremely hard on you because you'll be taking the place of their biological mother. Most children don't take kindly to having their mother or father replaced.

Good luckMarcy

In the U.S. states differ in the legal definition of what is considered neglect of minor children. Therefore, the best course of action in instances where there is no documented history of physical abuse, would be to request the state's department of social services to investigate the home environment.

Please be advised, judges do not look favorably upon parents who make false allegations in the attempt to gain custody of children or to "get even" with an ex spouse.

Answer 2

If she's truly unfit, you should have some evidence, such as phone calls, emails or witnesses. But remember, the primary consideration in a divorce is your children, not yourselves. You may want to consider whether it's truly best to remove her from her children's lives. * It is always a mistake for spouse's to attack each other during a dissolution of marriage, custodial hearing or any other such issues. Legal counsel is responsible for submitting applicable evidentiary material to the court and for protecting their client's best interest. Whether or not a parent is unfit is a decision that is made by the judge, not by any of the involved parties.

Answer 3

You have to have proof of any obligations you try to bring against him in court. So whatever you try to fight him with make sure you have proof to back yourself up. I learned from my lawyer recently that the judges in our town believe it is better to have a dead beat opposed to NO dad at all... Which makes it really hard on us single mothers who are doing what we feel is best for our children. I know that my situation is best left alone because he doesn't come around now any. So you chose which evidence you have but let your choice be chosen wisely.

Answer 4

Not an issue to be raised in this context.

Answer 5

A person can be proven unfit by proving the person is using drugs, abusing a child, and pictures of abuse or a filthy home.