2007-04-04 09:48:08 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You have to have proof that the child is being abused, neglected, or is in an unstable environment. Pictures or witnesses would go a long way to proving your case. If you could get Child Protective Services on your side that could help too.
2007-04-04 09:52:27 · answer #1 · answered by shirley e 7 · 1⤊ 0⤋
Simple. It has to be in the best interest of the child. That one rule is the overriding determination factor that is supposed to held above all else in a child custody case.
Now.. if child custody has been previously granted (and it appears from your question it has) then not only do you have to prove that it is in the best interest of the child but you also have to prove that the child's live will improve in such a way as to over ride the 'trauma' of moving that child from one home to the other. In other words, it's pretty dang hard.
An easy case is neglect, drug abuse by the parent with residentatial rights or abuse by parent or 'friends' of the parent. This can't be simple accusations but has to be proven with indisputable evidence. Again, not easy to do with out a blatantly obvious problem.
One other point, once a child reaches a certain age their choice can be used as influencial testemony during the trial and/or their choice takes precedence over parental choice. But again the judge as the final say.
Hope this helps!
2007-04-04 16:57:25 · answer #2 · answered by wrkey 5 · 3⤊ 0⤋
The party seeking custody must prove that it is in the child's best interest to be placed in that party's custody, that would include maintaining status quo - least interruption in child's life.
No parent should EVER EVER EVER seek custody to punish the other parent, or to reduce child support. Any actions taken concerning custody of the child should be for the child's best interest.
2007-04-04 16:58:20 · answer #3 · answered by I_Love_Life! 5 · 1⤊ 0⤋
Find out at below site. It will definitely help you. It is the best site on every information on Child Custody.
2007-04-05 04:13:06 · answer #4 · answered by Manisha 3 · 0⤊ 0⤋
Usually you have to prove they are unfit as a parent and you would be the better parent also you have to prove your fit to be a parent and have the necessary steps in place.
2007-04-04 16:53:51 · answer #5 · answered by ฉันรักเบ้า 7 · 0⤊ 0⤋
I assume you would have to prove gross negligence or abuse. Unless there is abuse or violence why would you want to traumatise you child by depriving them of the other parent. Put aside you own selfish vendetta and think about what is best for your child.
2007-04-04 16:53:20 · answer #6 · answered by lucy loo 3 · 1⤊ 0⤋
Negligence. It can be a hard battle!
2007-04-04 16:52:16 · answer #7 · answered by stayc 4 · 0⤊ 0⤋