Law Offices of James V. Sansone
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Ukiah 707-993-4068

Proving unfit parenting can be difficult, but it's possible

If you love your child and you want to make sure they are always cared for, then it can be devastating to know that a spouse you feel is a poor parent is going to keep your child 50 percent of the time. While it is important for children to get time with both parents, it's hard to deal with a parent who isn't good for them.

The good news is that you can seek help in reducing how often your ex-spouse sees your child after divorce if you can prove that they are unfit to parent. Proving this is not going to be easy, but it's worth the effort when your child's life could be at stake.

How can you show that the other parent isn't fit to raise a child?

There are a few basic things that indicate that a person may not be fit to raise a child. These major factors include:

  • Drinking and driving with the child in the vehicle
  • Doing drugs
  • Committing violent acts against others including the child
  • Child abuse
  • Neglect or desertion of the child

There are some other signs that could indicate that shared custody isn't the best option. These are things like:

  • The parent never showing up on time to pick the child up from school
  • The parent oversleeping and missing visitation
  • The parent skipping visitation days
  • The parent forgetting the child at a function or other location

These are all warning signs that the parent may need additional assistance or would be better off with supervised visitation.

What happens if you're able to prove that the other parent is unfit?

If you prove that the other parent is not fit to parent, then the court has the right to:

  • Deny the parent custody
  • Deny visitation privileges
  • Modify visitation rights
  • Terminate parental rights
  • Allow for the adoption of the child (when both parents are unfit)

Often, courts will seek to offer at least some visitation in the form of supervised visitation. This is to allow the child time to see a willing parent while protected by the presence of another adult. This can be a good option if you're worried about your child in the other parent's care.

Custody has the possibility to change, so if you start with one plan and decide that it's not working, you can seek modifications. Your child deserves to be raised well without fear or negligence.

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Ukiah, CA 95482

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