How do I prove a father is unfit? He is a active gang member.?
My daughter is 7 months old and her father who has rarely been around is now trying to get 50% legal and physical custody of her. He is a active gang member and is now living with a new woman, her 2 kids, her mother and her brother. I dont have a clue as to who these people are that he is trying to have my daughter around. He was shot at in September but I have no proof of that.
2006-12-27 12:23:16 · 6 answers · asked by angel m 1 in Politics & Government ➔ Law & Ethics
About a year and a half ago you thought he was just ducky.
My goodness what were you thinking??
Anyway....
Supeona his medical and court records. A lawyer can do that for you. Show the judge exactly what kind of influence this man is.
Good luck.
2006-12-27 12:32:37 · answer #1 · answered by Bingo's Mommy 5 · 1⤊ 0⤋
You need to prove it through witness testimony (good luck with that as far as the gang activity), criminal records on the people he is living with and hanging out with (a family court lawyer can get those for you), any official record of his activity is admissable in family court.
If you know he's using drugs you can ask the court to request an immediate drug screen to prove it.
You can also ask him to give you sole custody on the stipulation you won't get any child support. If you're ok with that financially, have the amount ready to whip on him to make him consider it... "You'll get out of paying $58,000 over the next 18 years!!" or whatever your attorney figures it out to be. That always gets their attention. :) Half the time they sign the papers and everyone walks away happy. And it sounds like your daughter will be better off, anyway.
It's very hard in family court to get hearsay into the mix, they hear so much crap from the fighting parties they tune out most of it.
2006-12-27 20:57:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need a lawyer ! If hes a gang member and been shot ,there is proof of his being shot at a hospital,doctor or something...Does he pay child support?if he don,t file on him,you need to start making plans to see what u can do to save your child.....
2006-12-27 20:31:19 · answer #3 · answered by slickcut 5 · 0⤊ 0⤋
You need to gather as many character witnesses as you can. Contact a lawyer and have them dredge up his criminal past. You said he was shot at, but was he actually shot? If not he would not have gone to the hospital and any medical records would be confidential anyway unless the courts ordered them to release them.
2006-12-27 20:35:15 · answer #4 · answered by Ryan's mom 7 · 0⤊ 0⤋
Get a lawyer, and look up his criminal record(not just the stuff he told you about). Were you married to him?
2006-12-27 20:27:31 · answer #5 · answered by Henry M 1 · 0⤊ 0⤋
It is just about impossible, child protective services in most states is a joke...
2006-12-27 20:49:09 · answer #6 · answered by lv_consultant 7 · 0⤊ 0⤋