First and foremost, it's important to understand that you do not have to prove yourself FIT. There is first person evidence. 0 0. Her ex just started getting kids again after 2 months and started making demands. If both parents want full custody of the children and there seems to be no middle ground, you are forced to show the courts why you are the better parent. Can the Courts Modify or Terminate Alimony post Divorce. There is also 3rd person evidence and documented histories that will be considered in demonstrating a lack of fitness to be a parent. Best of luck to you, and please, give us a call if we can help more! If you don’t trust your former spouse to be around your child at all, you can seek termination of his or her parental rights. This is also not necessarily a bad thing. The older a child is, the more weight … This will show how serious you are about being a great parent for your child. Find out how simple the divorce process can be when you work with a law firm that puts you first. Issues that the court views as problematic include: The Court will require that any allegation of a parent being unfit be proven by providing necessary supporting documentation such as police reports, photographs, medical files or other verifiable documentation. How to prove to the court you're a fit parent? I'm currently going through a divorce, ... Relevance. Your email address will not be published. Psychological well-being. More details are definitely needed and you should speak with our team of child custody attorneys to provide you more insight. Contact us today for a FREE Confidential Consultation from a Local Attorney. Fighting with your ex over bank accounts and assets is tough enough, but what do you do when it comes to the kids? Many parents want to prove that the other parent is a liar. The court assumes that it is in the best interest of the child to have as much placement with both parents as possible. Schedule a free consultation today. Court order says that he’s suppose to get the girls for an hour Thursdays and Friday night to Sunday night. On fb and on his cell phone. Ignoring the allegations and not addressing them properly regardless of how set you are that the allegations are lies will hurt you … Any court will look unfavorably on a parent with a history of abusing his or her children. Doing so is not easy, especially since courts tend to want children to maintain a relationship with both parents. There are a few factors that will help the court decide which parent, if not both, should have custody of the children during divorce: In many cases, the courts simply are unable to prove that one parent is in fact the better parent. This is a large burden to prove to the court and one in which you need to be very careful about presenting. While claims are sometimes legitimate, bringing up issues that simply bother you will not be taken seriously by the court. Will that give me a chance to get sole custody but give her visitation? Reviewing your state's judicial websites for self-help information can be a good starting point. Our goal at FamilyLawRights.net is to get you started in the right direction by providing information and qualified advice from our affiliated attorneys. For instance, during a divorce, the court will not want to disrupt the regular routine of the child or children as little as possible. He has made racist remarks towards me and has had multiple cps cases called to the house. Judges tend to favor parents who openly support the child's ongoing relationship with the other parent. When a party's ability to parent is questioned, the Court will look to ensure that the children's safety is maintained. That being said, the main factor that courts use in determining who should have primary allocation of parental responsibilities, or primary custody / sole custody / residential custody, is called the “best interests of the child” standard. When this happens, joint custody is awarded and the children will spend time at both homes. or fill out the form below to book a consult. Our goal is to help our clients prove their cases. It will be difficult to obtain legal aid for something of this magnitude, but we do not handle that. FamilyLawRights.net will not have any legal obligation with you and your attorney. When determining custody, they also aim to keep all other aspects of the child's life consistent while ensuring that both parents have the opportunity to be an active part of the child's life. File a guardianship petition. Because there is so much at stake, you also need to document any short-comings of your spouse that would be relevant to the custody case. Gather evidence. tehabwa. Make a list of his / her best qualities. The line of presenting yourself as the better parent vs attacking your ex can be very fine. The other parent can then present this information in court and based on the evidence, a court can declare the neglectful parent unfit and modify any existing custody or visitation orders. Hour havent been able to for four year due to he move the children with out me know to a different part of the state where me and my fiance have to drive 3 hours instead of just around the corner. This can hurt your case a lot as it shows the court that you are possibly trying to limit the other parents involvement with the kids. Iam also looking to see if we could get free legal counsel due to the fact that my smallest is not in daycare yet and Iam in between jobs at the moment. If, up until this point, both parents have been active in the life of the children, why is one parent now claiming he or she should be the sole caretaker of the children? I have a full time job with benefits and my wife stays home now and will continue too if we get the boys. Judges tend to notice parents who encourage a healthy lifestyle. If a case has already been filed, most states would not allow you to leave without the courts express permission in the form of a written order by the judge. He will address how being an unfit parent effects a child custody case. Hello, Iam currently in the process of a custody case involving two small children. “The courts are wise to parents being on their best behavior when the courts are looking,” explains attorney Kinsler. FamilyLawRights.net provides you with helpful Family Law information to use at your own discretion. The main point is best interests of the children, just being better for you is not good enough, it needs to be compelling, almost 1-sided how much better it is to move in order for a court to grant it. My question is, is any of this gonna help my fiancé win a custody case? If you desire to move forward and establish an attorney client relationship with one of our affiliated attorneys, you do so at your own risk. He has threatened me when we lived in the same city when I worked a block away from his home when I called her youngest child my step son. Attorney Nicholas Baker believes in providing family law information for individuals so that they can make an informed decision about their own family law matter. The best way to prepare yourself for a custody fight, and prove you're a good parent is to be objective about the other parent. But we are scared that because they have lived with him the last 3 years and we have been able to have little to no contact that the judge will only give us visitation. The ideal strategy is one that shows the court you have the best interests of the child in mind, even if it does not mean you have full and sole custody of the children. “It’s about consistency. We moved an hour south of them a year ago to help my mother in law with health issue but now she has moved we have a a room for them, we have a reliable vehicle we live in a community with a good school, her sister lives 5 minutes away and we are part of the volunteer fire department. Return to top. We have also tried going by his house an he refuses to open the door or makes sure he isn’t home when we text him that we’re in town after he unblocked us.We have asked to see the kids multiple times and everytime he completely ignores the statement. peak with our team of child custody attorneys. One of the best ways a parent can show that he or she loves a child is to spend time with that child. The father has blocked us from talking to him and them. Instead of focusing on your ex, keep the focus of your argument on yourself. Don’t miss any scheduled visits; remember all holiday, birthdays, extracurricular events, etc, and be the best parent you know you can be. 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