How can I prove the mother of my child is unfit parent?

Question

I'm a financially and emotionally stable parent and the mother won't allow me to see my child. I have many reasons for believing she is an unfit mother but aren't sure as to which would be relavent in my case. Any body have any experience or advise with this sort of thing?

Answer 1

I'll take it step by step...

You being financially and emotionally stable is a very good start. The fact that the mother won't let you see the child should not stop you from going to court and getting visitation. You are entitled visitation, it is your child as well. You didn't mention support...do you pay? If you do good, if you don't, she can come after you for support as soon as you file a petition for visitation.
The easiest way to "show" she is unfit is to start documenting everything that happens, the date, time, etc. and describe what it is she's doing or did. You must be as specific as you can.
Oh..is there a custody order? If there is no order and you have some proof that she is truly unfit, you can file a petition for emergency custody, and submit the proof to the judge.
Retain a good lawyer and let them know all of your concerns.

Answer 2

Unfit Mother

Answer 3

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She'll never regain custody of her son under the circumstances.Until she is stable and proves it the courts will never help her.It won't happen overnight either. If she truly wants her child back she had better take stock of what she is doing and turn her life around. Why would she want to move her child every few months anyway and gosh knows what else she'd subject him to.If anyone is an unfit parent sounds to me like it's her. I'm sure the poor child must be better off where he is but if she thinks he is being abused or not taken care of properly she can call C.P.S. and have them look into it. I feel so very sorry for this little child and pray that God will protect him and keep him safe. He certainly is having a rough start to life.

Answer 4

If she truly is unfit and neglects your children you can contact the department of children and family services. They will conduct an investigation and file a report. If they find neglect and abuse, they will petition the court for placement. Then they will give your ex every opportunity to clean up her act so she can get the kids back. Do keep in mind that the area of neglect is very black and white. The gray areas that most people assume are "unfit" aren't seen that way legally. They will also investigate you. Are you sure you still want to press the issue?

If you have money (alot of money) you can hire a really good attorney and take the kids from her.

Answer 5

I first thing you need to do is have proof you need to go spy take pictures but don't record anything becuase that is aganist the law. Take what ever you have to court or another thing show the court that you are a better parent then her I mean a child needs to be with her mother but if he or she is being mis treated then you have to tell the court this. But be carefull becuase it could go to child services and the will take your child into home until they can investigate who can take of the child better. But if she is a good parent and she shows the judge that she is a good loving mother the only other thing that you can do is pay child support and demand vistatation right you can do this becuase you are supporting your daughter or son and they can not deprive you of seeing your daughter or son.

Answer 6

If you would give a short list of your reasons for believing her to be unfit, it would help..

There are unfit mothers in this world, but I sometimes find that the people who come here complaining of an "unfit" parent don't really have any reasons for saying they're unfit, other than they don't do things exactly as the poster would.

Answer 7

You have to have proof and it will depend on how unfit she is. Is she doing drugs then make her get a drug test when you go to court. Is she neglecting her children then you need to find a way to show this to the court. If you are just mad and want to get back at her with using the children then shame on you. If not fight her in court and hope you win.

Answer 8

Talk with a family law attorney. If you are paying child support and if your name is on the birth certificate, and if you have a visitation schedule in place with the courts, she is in contempt of court for not allowing you to see your child.

People commonly put their kids in the middle when they are bitter about an ex and past relationship. They are hurting the child, most of all.

Answer 9

you first have to establish custody, go to court and make sure you at least get jointy custody. then you need to document everything. if she is late document it. if she misses a visit and doesnt call document it. get a copy of your child attendance record and you can use that against her. if she is unfit she should not have this child in her custody. you need to document everything. make sure you be specific when putting things into the custody order. ex: if she is late dropping off the child she misses her weekend visit. if she is late picking the child up then document that too. when the time is right take her to court and show the judge she is breaking the rules and the order. if you can video tape your child when she is in your precence and have a friend video tape the drop off and pick up. I have been thru this and it came up in court that he tried to lie about my son crying when we would pick him up. anyway good luck!

Answer 10

it takes allot to prove
best thing is to take her to court and you need to prove your reasoning for believing she is an unfit mother
you just cant say it
you do have Father Rights so fight for you child and start paying child support so you can see her/him