Depending on the allegations, the court may order supervised or restricted visitation. If the judge finds that a parent is unfit, the judge may order sole custody to the other parent. A child custody lawyer with experience in handling these types of custody cases will guide the parent through the process of gathering evidence and presenting a compelling case to the judge.Ī judge may discover that the allegations against the parent are unfounded. The evidence proving a parent is unfit varies on the specific allegations made against the parent. Details of home visits and inspections and.Photographs and videos of the parent’s home.Police reports detailing domestic violence.Testimony from counselors, therapists, teachers, coaches, and other people who are familiar with specific instances in which the parent displayed unfit behavior.Other evidence that could be used to prove that a parent is unfit might include: The evaluator is known to be an independent investigator therefore any evidence obtained by the evaluator may be viewed with great authority by the court. A court-ordered child custody evaluation may be crucial in these scenarios. The parent alleging unfitness must have relevant evidence to substantiate the allegations. A judge will not simply terminate a parent’s legal rights based on the allegations of the other parent. Proving a parent is unfit can be a challenging task. What is the Evidence Used to Prove is Unfit? The court and the child custody evaluator objectively review the information and determine the child’s best interest based on a parent’s fitness to care for the child. As stated earlier, custody is often granted jointly to both parents according to the child’s best interest. It is important to note that neither the court nor the evaluator has a presumption or preference for either parent. Allegations of parental alienation by either parent.A parent’s ability to provide a safe, clean home, including adequate food and clothing for the child and.Whether the parent obtains medical and dental care for the child.Whether a parent has a history of mental illness or instability. The parent’s level of involvement in the child’s life.If a parent can understand and provide for a child’s needs.How well a parent handles conflict with the child and between the child and other individuals.Whether the parent sets age-appropriate restrictions for activities, television, bedtimes, etc.Factors that the evaluator may examine when preparing a report and recommendation for the court include: For instance, the judge may order a child custody evaluation to assist in their decision. It is in their discretion to weigh all relevant factors to decide whether a parent is fit to have custody. Some family codes across the state require judges to consider the above factors. The amount and nature of contact between the child and each parent.A parent’s history of substance abuse, including drugs and alcohol and.Evidence of a history of abuse or violence against the child, another child, the child’s other parent, or another romantic partner.The safety, health, and welfare of the child.When deciding whether a parent is unfit to have custody of a child, a judge reviews the following factors and circumstances: What Factors Judges Use to Determine If a Mother is Unfit?
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