It’s almost a rite of passage: the mother freaks out, the child gets traumatized, and the family court fights over who is unfit to raise the kid.
But what if you’re not sure that your ex-partner is unfit? What if you’ve never seen them abuse drugs or commit domestic violence?
It might surprise you that there are so many factors that can be used in family court to prove a parent unfit, and here’s how they work:
1. Child Abuse: According to the Child Abuse Prevention and Treatment Act of 1974, any individual who “knowingly causes or attempts to cause physical or mental injury” to a child may be found guilty of child abuse. In addition, reports of child abuse must be reported immediately to law enforcement officials and medical professionals.
Any parent who has been accused of child abuse will be investigated by child protective services—and if found guilty, they could lose their ability to have custody rights over their children.
2. Substance Abuse: Another factor that can be used against parents who have been accused of abusing drugs or alcohol is whether or not a parent has previously been found guilty of substance abuse violations by courts in other states. If this happens more than once (or even once), it could indicate that she is unfit.
Factors Used to Determine if a Mom is Unfit for Custody
When a family court is deciding who will get custody of their child, they have to consider many factors. They consider the age and health of both parents, their ability to provide for their child’s needs in the future, their commitment to each other and the relationship they have with the child, their ability to co-parent together peacefully, and any past instances of violence or abuse by either parent.
In some cases, however, courts will also consider whether there are any factors that make it more likely that one parent will be able to raise the child successfully in the future. These include having a substance abuse problem or being convicted of domestic violence in the past.
If a court decides that there are enough factors pointing toward one parent being unfit for custody, then they can order that parent not be allowed to see or interact with the child until he or she has been deemed fit by professionals trained in evaluating this type of issue.
How Does a Family Court Determine If a Mother Is Unfit?
Custody is a serious matter. It can change the lives of children forever, and it’s important to get everything right when you decide who should be caring for your kids.
Here are some tips for deciding who gets custody of your children:
Child Abuse or Substance Abuse: If either parent has been accused of abusing or neglecting their child, you’ll want to be sure that they don’t have access to the child. If they do, then you might consider allowing them to see their child only when supervised by someone else—like a family member or therapist.
Domestic Violence: If one parent is being abusive toward the other, then you might want to consider limiting their contact with the child until things improve between them. You can also consider making alternate arrangements for visitation if needed.
Unfit Parent: If there’s any indication that one parent is unfit—such as drug use or mental illness—then it makes sense to give custody to another family member or friend who can better care for your child in their absence.
How Can a Father Prove a Mother Unfit?
There are a lot of factors that the family court uses to decide if a mother is unfit to raise her child.
One of them is a history of substance abuse or domestic violence, which can be used by the family court when determining if the mother is unfit. If you believe that your mother has been involved in substance abuse or domestic violence, and you want to prove this to the court, here’s what you should consider:
1. If she did not seek treatment for her addiction or get help from someone who could assist her with her issues, it will be difficult to prove that she is unfit to take care of your child(ren) because she doesn’t want to change. However, if she does seek treatment and makes progress, this may suggest that she has changed and is ready for custody.
2. If the mother has been violent toward her kid(s) or others in the past and continues to do so now despite being told not to do so again by authorities (e.g., police), this can also be used against her in court as proof that she is unfit due to acting out inappropriately toward others when given power over them (i.e., abusing authority).