Question:
What type of evidence can be used in a child custody case to prove my ex is an unfit mother?
Answer:
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Assuming that your state is similar to New Jersey, where I practice, if an agreement cannot be reached between the parties, determination of legal and physical custody, as well as parenting time (visitation) rights will ultimately be up to a judge.
It is extremely important that you speak with an experienced family law attorney in your area in order to prepare and present the best possible case. Proving that a parent is unfit is an extremely difficult standard to meet, and may not even be necessary in order for you to have primary custody of your children.
Your attorney can discuss all of the options with you and ensure that the case is presented most effectively.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey divorce lawyer Devan Theiler, contact Cordell & Cordell.
I am active duty military. My wife is currently living in government quarters with our 3-1/2 years old son. She has a history of mental health problems. She is diagnosed with depression and anxiety. She has attempted suicide 4 times in the last 8 months. She was admitted in a mental health facility about 60-90 days ago. I have reasons to believe that my son is in danger while he is in her custody. There are no court ordered custody documents but for fear of her claiming abuse on my behalf, my leadership are preventing me from being in contact with her. The issue here is that my son is with her and she is emotionally as well as verbally abusing him. She abuses her prescription medication and goes through withdraws where she can’t take care of herself.
She has been alienating me from seeing my son. Every time I ask to see him see either says that she isn’t home or that he is sleeping.
I filed a motion to restrict parenting time because of her emotional instability. The hearing is on Tuesday but the fact of the matter is that my son is still in her custody.
Please help!