How To Prove Your Spouse Is Unfit For Custody
Child custody is a complex issue in any divorce procedure. According to The Goldberg Legal Group, any parent that isn’t fit to provide support, care, and proper guidance to their child may be unfit for custody.
If you want to prove that your spouse is unfit for custody, you have to work with your divorce lawyer to establish issues such as neglect, abuse, or substance abuse problems related to your spouse. Let’s take a look at how the court determines parents to be unfit for custody.
Child abuse is one of the prime factors that a court considers when deciding custody. If a parent has a history of child abuse, the court won’t look at them favorably. In some instances, the parent will only be given certain visitation rights. Depending on the severity of the abuse and the evidence presented, some parents won’t be able to visit their children at all.
You can focus your efforts on proving child abuse to deny your spouse custody and keep your children away from harm.
If your spouse has a history of substance abuse, they will have to prove long-term sobriety and reliability to the court. Relapses can deem a parent unreliable and a danger to their children. In such situations, the court may deny the parent even visitation rights.
A parent who frequently uses drugs or alcohol may also negatively influence their children. If you don’t want your children to be influenced by that behavior, or if you are afraid of your spouse hurting them while intoxicated, you should consult with your divorce lawyer to gain custody.
Domestic violence is investigated very thoroughly. If you or your child has been the victim of domestic violence, your statements will play a vital role. A court evaluator will take into consideration your statements, as well the child’s statements.
You have to detail every incident of domestic violence, which will help you prove that your spouse is unfit for custody.
When deciding custody, a court will examine a parent’s decision-making skills. The parent must have enough common sense to make responsible decisions. If you believe your spouse is unfit for custody, you might prove it through these evaluations.
The court will analyze how well the parents know their children, what media they let them consume, how they let them play outside of the house, and other related issues.
A functional and healthy relationship is needed for custody. A parent’s ability to communicate with a child is vital. If they can’t identify the child’s needs and changes in behavior, they might be deemed unfit for custody.
Another critical aspect to consider when you want to prove that your spouse is unfit for custody is to focus on mental health disorders, if any are present. If the court finds that the parent suffers from an aggressive and unpredictable mental health disorder, they can label the parent as a potential risk to their children and thus unfit for custody. A court evaluator will analyze:
- Counseling sessions
- Proof of therapy
- Psychiatric prescriptions and other mental health care actions
Another aspect that the court will analyze regarding custody is the parent’s living conditions. If the living situation presents health risks or isn’t favorable to the children, the parent might be denied custody. Children above the age of 12 can also voice their opinion regarding this matter.
You can focus your efforts on proving that your spouse can’t provide proper living conditions. This issue, coupled with substance abuse, or other related problems, is more than enough to prove that your spouse is unfit for custody.
Children often need to be supervised as they can hurt themselves or ingest potentially dangerous substances. They also need to be protected from strangers and taken care of. If a parent has a work schedule that doesn’t allow them to spend enough time with their child, neglecting supervision, they might have problems in custody claims.
You can use this against your spouse to deny them custody. However, if they change jobs and thus their schedule, they can counter this claim. Thus, the best way to prove that your spouse is unfit for custody is to gather as much evidence as possible on multiple fronts, such as substance abuse, child abuse, domestic violence, health disorders, and other issues.
Your lawyer can also help you prevent your unfit spouse from receiving custody. Consult with them at every step.