how to get custody of a child from an unfit mother

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A female parent'south (or father's) fitness to heighten a kid can be called into question during a custody dispute. The term "unfit female parent" arises out of the now-outdated child custody doctrine that custody of children should be awarded to the mother unless the mother was "unfit."^[i] Today, courts strive to settle on a custody arrangement that is in the all-time interests of the child, without bias in favor of the mother or father. Still, if any parent, fifty-fifty a mother, poses a danger to the child, the a court can remove the child from the parent's custody.

1
Examine the mother's behavior. It is not in a child's best interests to remain in the custody of a parent whose behavior puts the child in danger. Consider the nature and frequency of any by instances of:
- Physical violence
- Excessive disciplining
- Emotional abuse
- Drug or booze abuse
- Convictions for sexual offenses.^[2]
2
Consider the surroundings in which the mother is raising the kid. If the parent places the child in or fails to remove the child from dangerous circumstances or a dangerous environment, that may be grounds to remove the child from the parent's custody. Equally y'all review those conditions, enquire yourself:
- Is the parent properly supervising the child?
- Is the parent properly feeding, vesture, and educating the child?
- Does the parent associate with criminals, gang members, vehement people, or drug users?
- Is the home well-maintained with heat, running h2o, and plenty infinite for the kid?
- Is there anything else dangerous in the home, such every bit lead pigment or improperly stored firearms?
3
Gather testify. Yous will need to present testify that the parent or the environment in which the parent is raising the child poses a danger to the child. Assemble any testify yous can, including:
- Photographs, video, and audio files showing physical or verbal corruption
- Medical records related to injuries
- Criminal records
- Communications between yourself and the mother, such as emails, texts, and voicemails
4
Interview witnesses. You lot tin can use witness testimony to testify that information technology would be in the child'south best interests to remove the child from the care of the parent. Speak to friends or family unit members who may have observed the parent harming, threatening to impairment, neglecting, or endangering the kid. Get the details of the incident from the witness, then enquire if he or she would be willing to testify in court virtually what he or she observed.
- Your witnesses may also have evidence in their possession, such every bit threatening emails or voicemails left by the parent.

1
Initiate a case. In social club to ask a court to terminate or change the unfit mother's custody rights, you must initiate a court case. Y'all tin initiate a example past doing one of the post-obit:
- Call your state's Department of Child Protective Services (CPS). Depending on the particular policies of the CPS office in your country, CPS may investigate and file your case for you.
- Petition for divorce. If you are married, child custody volition be a major upshot in your divorce instance. When y'all are filling out your divorce petition, explain what kind of custody system yous want and why the other parent is unfit.
- Petition for custody. If you were never married to the other parent, you tin can file a petition to establish custody. If you are divorced from the other parent and want to alter an existing custody order, you can file a petition to modify the custody order. Ask the courtroom clerk what forms you demand to file in order to brand your asking. Employ the forms to explicate what kind of custody organization yous want and why the other parent is unfit.
- Petition for guardianship. If yous are not a parent of the child, you tin file to become the child's legal guardian. Enquire the courtroom clerk what forms you lot will need to file, and utilize the forms to explicate to the court why the child should be removed from the parent and placed in your care.
2
File your documents. Whether you are filing for divorce, custody, or guardianship, you will need to brand several copies of your forms and take them to the court clerk. The clerk will fill your original forms and postage stamp the copies as "filed." Y'all may exist required to pay a filing fee. The clerk will notify y'all when the court sets a hearing appointment.
- If you are filing for custody or guardianship, y'all must file your petition in the canton where the child lives.
- If you cannot beget to pay the filing fee, ask the clerk how you can file an awarding for a fee waiver. You lot must provide information about your household finances and submit the form to the clerk. If the judge denies your fee waiver, the clerk will notify you that you must pay the regular filing fee.
3
Serve the mother. Once you have filed your petition, you must serve the mother with formal notice of the proceedings. Depending upon your courtroom's rules, you lot may be permitted to file a "Waiver" or "Acceptance of Service" signed by the parent instead. If yous are required to requite discover, you may be able to asking that the courtroom clerk give notice on your behalf. Otherwise, do i of the following:
- Pay the sheriff's function or a professional process server to serve the parent; or
- Conform for a friend or relative over eighteen years of age and not involved in the case to hand-deliver the papers to the parent.
4

File a Proof of Service. Have your process server fill out and sign a "Proof of Service" or "Affidavit of Service" form (available from the court clerk) verifying that he or she served the other party.^[iii] You must then file the signed form with the court clerk.

1

Attend the hearing. Dress professionally, arrive early, and look for your case to exist called. The guess volition ask why you are requesting that the mother's custody rights should exist terminated or modified, and why doing so would be in the best interests of the kid. The parent will have the opportunity to rebut your arguments with witnesses and bear witness.
2
Nowadays evidence. Bring copies and originals of documents and photographs, and bring audio or video files on a CD. You should arrange your bear witness chronologically in a binder and so that you can quickly refer to each detail in courtroom.
- If you accept evidence that came from 1 of your witnesses, enquire the witness about that slice of evidence during his or her testimony.
- When arguing for custody, you lot should be prepared to present evidence that information technology would be in the child'southward best interests to exist placed in your care. To demonstrate to the court that you can provide a safety, stable abode for the child, bring a copy of your charter or mortgage.
3
Take witness testimony. Yous and your witnesses will be permitted to show near incidents that demonstrate that the parent is unfit. If you have an attorney, he or she will ask questions to guide y'all through your testimony. If you are representing yourself, explain each incident to the judge calmly and affair-of-factly. After you testify, you can nowadays witnesses to testify well-nigh any incidents they observed.
- The courtroom may permit the child to testify at the hearing. Dissimilar states have dissimilar rules nearly whether a child'southward testimony is admissible in court. For case, children over 10 years of age are generally immune to testify in Ohio, while children younger than 10 must be found by the court to be able to empathise questions and answer truthfully.^[4]
- After each witness has been examined, the other side will have an opportunity to cross-examine the witness. Continue your answers short and true, and do not be afraid to admit that you do not know an respond.^[5]
iv
Comply with the courtroom's orders. At the conclusion of the hearing, the judge may make a custody determination, or he or she may decide that additional information is needed. If this is the case, the court may club a kid custody evaluation, during which an independent evaluator will interview the parties, the kid, and friends and family; and visit the parties' homes. The evaluator may besides schedule psychological testing.
- If the court orders a custody evaluation, the clerk will set another hearing date. Comply with the interviews and dwelling house visits, then return to courtroom on the hearing date for the judge'south ruling on your custody petition.

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This article is intended as legal information and does not provide legal advice. If you need legal advice, contact a licensed attorney.

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Article Summary Ten

If yous need to prove that a mother is unfit during a custody dispute, examine their behavior and gather evidence that will convince a court. Have some time to think about the mother's behavior and list any instances of physical or emotional corruption, excessive discipline, drug or booze abuse, or convictions for sexual offenses. In improver to her actions, annotation whether or not she is able to provide a safe environs for her children. While you might take showtime-hand experience of unfit behaviors, you'll need to provide evidence in the form of photographs, video, criminal records, or recorded communication to bear witness information technology to a court. Once y'all take evidence, yous tin initiate a case against her by calling your state's Department of Child Protective Services. For more aid from our Legal co-author, like how to nowadays your case, roll downward.

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