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Determining an Unfit Parent Under The Legal Lens


 

No parent is perfect so little imperfections will not strip a parent of their rights, however, being an unfit parent will cause the court to reduce or limit the interaction between that parent and the child or children.

Custody disputes can be the most challenging part of a divorce or breakup.  Both parents will want as much time as possible with their child or children.

When determining custody the court will always make a decision on what is in the child’s best interest.

What exactly is an unfit parent in the eyes of the law?

 

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Most cases where a parent is deemed unfit, Child Welfare Services has been involved and there may be a safety plan or an open active investigation against the parent.

During a divorce, parents might not agree on custody issues, or one parent might not trust the other with the children.

On the order of a judge or at the request of a parent, a child custody evaluation may be held. The purpose is to determine if allowing one or both parents custody is in the child’s best interest, or if the child’s health, safety, and welfare are at risk.

The evaluator will consider the following ten factors when making a determination.

Also Read: Legal Resources – Divorce >> 

1. Setting Age-Appropriate Limits

  • Is a 5 year old child allowed to watch R-rated movies on a regular basis?
  • What kind of curfew does the parent set for a teenager?

Parents will not always agree about what is age appropriate limitations, but when you have one parent who is allowing extreme situations, this may be a red flag.  When parents share joint legal custody, they should jointly make decisions about what is age appropriate but this does not include little things such as bed time.

This is when co-parenting comes into play and you have to trust your co-parent is making appropriate decisions in their household.

2. Understanding and Responding to the Child’s Needs

  • How sensitive is the parent to the child’s needs?
  • Does the parent try to communicate in a way the child can understand?
  • How responsive is the parent to the child?

A child needs to feel heard and cared for by both parents. Navigating two separate households is just as challenging for the child as it is for the parents.

It is important the child feels they can communicate the same regardless of which house they are at.  If there seems to be a disconnect, is a parent responding appropriate and obtaining help when it is necessary?

These are all important characteristics of a strong relationship.

3. History of Childcare Involvement

  • Does the parent have a good track record of looking after the child’s welfare?
  • Has the parent relied excessively on the other parent to take care of the child?

Both parents should have reliable childcare and all information should be shared.  Also, both parents should be able to take care of the child on their own without any help.  If they are constantly relying on assistance whether it be from the co-parent or from other family members, that may be a red flag that a change in custody is necessary.

4. Methods for Resolving the Custody Conflict with the Other Parent

  • How reasonable and cooperative has the parent been throughout the divorce?
  • Has the parent refused to compromise or communicate?

Co-parenting is hard! It takes a lot of work to have a positive relationship with your co-parent, but it does take two.  If one parent is constantly belittling the other or if every decision is an argument, your child will feel this.

A lack of positive decision making and working together can be a basis to change custody giving one parent the decision making power.

5. Child Abuse

  • Does the parent have a history of child abuse with this or any other child?
  • What is the current situation?

If Child Welfare Services has been involved in a parent’s household a lot, this could be a sign that custody needs to change.  Child Welfare Services may have done a thorough investigation into a household to make a determination on whether abuse or neglect should be substantiated or not.

If they have a concern they will issue an immediate safety plan which you can bring into court to obtain emergency custody orders.  Child Welfare Services Involvement is not always a sign as sometimes the case is closed without investigation, but it is an important sign to look out for.

6. Domestic Violence

  • Has the parent been physically or emotionally abusive to the other parent?
  • Has the child witnessed this?

It is never okay for a child to be a percipient witness to domestic violence.  It is also never okay for one parent to be abusive to the other parent.  You have resources available to you which include a domestic violence restraining order, counseling for the perpetrator, domestic violence classes, or just a change to the custody order to reduce interactions.

If you or a child are experiencing domestic violence or abuse, please visit our domestic abuse resources page to get more information about your rights, and how we can help you and/or your child >> 

 

7. Substance Abuse

  • Does the parent have issues with alcohol, illegal or prescription drugs?

If you have evidence that substance abuse issues of the parent is affecting the child, you can obtain a change in your custody order.

Even if it is a legal drug such as marijuana, the court can make orders restricting the parents use of the substance to ensure the safety of the child.  Substance abuse assessments can be ordered to find out the extent of the substance abuse.

8. Psychiatric Illness

  • Does the parent suffer from a psychiatric illness that might pose a risk to the welfare of the child?

Mental health issues does not automatically mean a reduction in time or custody, but it will be something the parent will need to show verification of treatment for.

If a parent is active in their mental health treatment and medication, that is a positive for everyone including the child.  However, if they are not treating their mental health issues this can be a very dangerous situation.

9. Social Functioning

  • Does the parent have any social issues that might negatively impact the child, such as staying indoors all the time and refusing to speak with neighbors?

It is important for the child to have social activities they do with both parents, it leads to positive interactions and memories.  If one parent is against activities or even attendance at their child’s activities, this can have a negative effect on the child.

10. Attitudes of the Child Toward the Parent

  • How does the child feel toward the parent?
  • Is the child comfortable with the parent?
  • Is the child afraid of the parent?

It is important for both parents to encourage and foster positive relations between the child and the parent, so it is important that the child is not encouraged to hate the other parent.

If a child is expressing concern or is acting out before visits, this can be a sign there may be a break in the relationship that needs to be fixed.  It is important to listen to the child and act when appropriate.

What Does A Child Custody Evaluator Do?

The evaluator appointed by the court may review court documents and health records, observe parent/child interactions, or interview parents, children, and involved professionals (i.e., teachers, doctors, etc.).

The evaluation will likely also include psychological testing of the parents to aide the evaluator in making a recommendation on what is in the best interest of the child.

When the evaluation is complete, the evaluator will prepare a report for the court in making their decision.  If either parent disagrees with the report, an opportunity will be provided to present objections to the court which may include testimony or evidence to the contrary.  This report is confidential; if you disclose the contents you could be fined, ordered to pay the other party’s attorneys’ fees, or both.

Also, the court may consider appointing minor’s counsel who will represent in the child in making sure the child’s voice is also heard in a high conflict custody case.

Coming up with evidence to prove an unfit parent may not be that difficult as we live in a digital age.  Parents can use photos, videos, and even comments on social media in court to help prove an unfit parent.

Watch The Video Version. Hear From Kathy Minella Directly On What Makes a Parent Unfit.

A Better Look at Understanding the Definition of an Unfit Parent

An unfit parent is typically defined as one who fails to provide the necessary care, guidance, or support required for their child’s healthy development, thereby placing the child’s physical health, emotional well-being, and overall development at risk.

This deficiency in parental care can manifest in various forms, including but not limited to physical abuse, where the child might suffer from intentional harm or injury, or emotional neglect, where the child’s psychological needs for love, support, and attention are not met. Substance abuse by the parent can further exacerbate these issues, leading to an environment where the child’s needs are overshadowed by the parent’s dependency, resulting in neglect or unsafe living conditions. Additionally, an inability to provide a stable and safe environment might involve chaotic home settings, exposure to violence, or lack of basic necessities, all of which can significantly hinder a child’s development.

The legal definition of an unfit parent can differ depending on the jurisdiction, as laws vary from one region to another.

However, generally, the term encompasses a broad range of behaviors and conditions that critically impair a parent’s capacity to fulfill their child’s fundamental needs. These needs include adequate food, shelter, education, and emotional nurturing. Courts and child welfare agencies conduct thorough evaluations, examining a variety of factors such as the parent’s mental health, history of violence, financial status, and the quality of the parent-child relationship to determine whether a parent is unfit. They seek to understand the extent to which parental deficiencies impact the child’s life, aiming to ensure that the child’s safety and welfare are not compromised by inadequate parenting.

How Child Welfare Services Determine Parental Fitness

Child Welfare Services (CWS) employ several methods to assess parental fitness, ensuring a thorough and holistic evaluation. Social workers, who are trained professionals in child protection, play a crucial role in this process. They may conduct multiple home visits to observe the living conditions and interactions between the parent and child, looking for any signs that might indicate an unsafe or unstable environment. During these visits, they assess whether the home is clean, safe, and conducive to the child’s development.

In addition to home visits, social workers often conduct interviews with family members, which can provide valuable insights into the family dynamics and any concerns that may not be immediately visible. These interviews might include extended family, neighbors, or anyone who regularly interacts with the child, offering a broader perspective on the child’s care and parental capabilities.

Furthermore, CWS reviews medical and school records to gather evidence of the child’s well-being over time. Medical records can indicate whether the child receives regular healthcare and whether there are any untreated health issues that could signal neglect. School records offer a glimpse into the child’s academic performance, attendance, and behavior, which can reflect their emotional and psychological state.

In addition to these observational assessments, CWS may employ standardized tests and psychological evaluations to gain a comprehensive understanding of the family dynamics. These tests can help identify potential psychological issues in the parents that might affect their ability to care for the child. Psychological evaluations can also uncover stressors or mental health challenges that might not be apparent through interviews and observations alone.

The ultimate goal of these thorough assessments is to ensure that the child’s best interests are being met, providing them with a safe, nurturing, and stable environment. By using a combination of direct observation, interviews, records analysis, and psychological testing, CWS aims to make informed decisions that prioritize the child’s safety and promote their overall well-being.

Immediate Steps Taken When a Parent is Deemed Unfit

When Child Welfare Services (CWS) determines that a parent is unfit, they act swiftly to ensure the child’s safety and well-being. The immediate steps taken are crucial and multifaceted, aiming to remove the child from potentially harmful situations as quickly as possible. This often involves taking the child out of their current home environment and placing them in foster care, where they can receive temporary care from certified foster parents who are trained to provide a nurturing and stable environment. Alternatively, if there are trustworthy relatives available, the child might be placed with a responsible family member who can offer a familiar and supportive atmosphere. This decision is made with careful consideration of the child’s emotional and psychological needs.

In situations deemed to be urgent, where the child’s safety is at immediate risk, emergency protective orders may be issued.

These orders are legally binding and serve to restrict the unfit parent’s access to the child, ensuring the child is shielded from any further harm. Such measures are taken to swiftly address any threats and secure the child’s immediate safety, providing a buffer while longer-term solutions are being developed.

Following these initial actions, CWS will collaborate with relevant professionals to develop a comprehensive safety plan tailored to the needs of the family. This plan may encompass a variety of interventions designed to address and rectify the specific issues that led to the determination of unfitness. Supervised visitation allows the parent to maintain a connection with their child under the watchful eye of a trained professional, ensuring interactions are safe and supportive.

Furthermore, the safety plan often includes counseling services, which aim to help both the parent and child process any trauma or emotional distress they may have experienced. Other interventions might involve substance abuse treatment programs, parenting classes, or mental health counseling for the parent. These services are intended to provide the parent with the tools and support necessary to make meaningful changes, with the ultimate goal of creating a safer and more supportive environment for the child. CWS closely monitors the implementation of this plan, continually assessing the situation to ensure the child’s ongoing safety and well-being.

Legal Consequences and Potential Penalties for Unfit Parents

Unfit parents face a wide and serious range of legal consequences that are designed to address the severity of their actions and ensure the safety and well-being of the child involved. These consequences can include the loss of custody, which means the parent may no longer have the legal right to make decisions regarding the child’s upbringing or maintain daily contact with them. In more severe circumstances, termination of parental rights may occur, where the parent permanently loses all legal rights and responsibilities concerning the child. This is a significant legal action as it completely severs the parent-child relationship in the eyes of the law.

In addition to these family law consequences, unfit parents might also encounter criminal charges if their behavior is deemed to have violated criminal statutes. Such charges could arise from actions like abuse, neglect, or endangerment, leading to potential criminal prosecution. Courts, recognizing the gravity of these situations, may issue restraining orders to prevent the parent from having any contact with the child, thereby safeguarding the child’s immediate safety.

Moreover, judicial systems might impose mandatory counseling and rehabilitation programs aimed at addressing the root causes of the parent’s unfitness, such as substance abuse or anger management issues. These programs are designed not only as punitive measures but also as opportunities for rehabilitation, providing parents with the chance to rectify their behavior and improve their parenting capabilities.

In the most severe situations, particularly where the parent’s actions have resulted in significant harm to the child—whether physical, emotional, or psychological—there is the possibility of jail time. This is often considered when the harm is substantial and there is a need for a strong deterrent against such behavior. The legal system prioritizes the child’s welfare above all, and the penalties imposed reflect a dual purpose: to protect the child from further harm and to motivate parents to acknowledge their shortcomings and actively pursue corrective actions. By imposing these legal consequences, the system aims to uphold the child’s right to a safe and nurturing environment while providing a structured path for parents to make amends and potentially restore their relationship with their child under improved circumstances.

Rehabilitative Measures and Reunification Efforts

The goal of CWS is often to reunify families whenever possible, provided it is safe to do so. Rehabilitative measures may include parenting classes, substance abuse treatment, and mental health counseling. These services aim to address the underlying issues that led to the determination of unfitness.

If the parent successfully completes the recommended programs and demonstrates significant improvement, CWS may work towards reunifying the family. This process is closely monitored to ensure the child’s safety and well-being throughout.

Summary

If you think you might lose custody, or you feel your children are unsafe with someone else, consider hiring an experienced family law attorney. They will work with you to find a solution that is in the best interest of your children.

At Minella Law Group, our profound expertise and unwavering dedication to child welfare cases make us a trusted choice for families seeking compassionate and effective legal representation in sensitive and complex matters. Our team of skilled attorneys is committed to offering comprehensive support and sound legal advice to those navigating the challenging landscape of the child welfare system. We prioritize the rights of all parties involved, ensuring they are upheld and protected throughout the legal process. By choosing Minella Law Group, families can confidently face intricate legal proceedings, knowing they have access to professional and empathetic guidance every step of the way. Our personalized consultations are designed to gain an in-depth understanding of each case, enabling us to craft tailored legal strategies that address the unique needs of every family. Engaging our services can be a pivotal move towards securing a positive resolution in child welfare matters.

We can help you with your child custody case, new or existing. Schedule a complimentary consultation today.

Join the discussion 51 Comments

  • Mix-Movie.com says:

    Most Massachusetts residents understand that child custody cases involving two biological parents are determined based on the best interest of the child standard. The theory behind the best interest standard is that the law should focus on a child s needs, not on each parent s rights , where children are not property. Findings of parental unfitness are rare in traditional custody cases, because a court can simply assign primary custody to the better parent using the less rigorous best interest of the child standard, which does not require the court to find that the non-custodial parent is wholly unfit to care for a child.

    • Wanda Armstrong says:

      What are the laws in West Virginia pertaining to parental rights if a mother has children in Foster care in NYC? Does Children services in West Virginia automatically assume custody of her new baby? Does the hospital check a database for any other possible children she may have in the system?

    • Lucy Pasillas says:

      My daughter in law already has 2 domestic violence charges from previous men .My son can he get full custody ,they have 3 children togetherI think this is her pattern.

  • Aaronwat says:

    I browsed through this site and there’s so much useful information, saved to my bookmarks

  • Alicia Geiger says:

    So do you help PA or no

  • NATASHA CHAVEZ says:

    Yes i need help asap my son’s father i wanted to see if he is fit to keep my son from me

    • Emmanuel kayitare says:

      Hey Natasha thanks for the information, I wish my former attorney guided me through this , before they left me with debt . I would be better. How I wish I knew you first to hire you .

      But now am going pro se, due to no money to protect my child.

      • Darlene Orosz says:

        Hi, my name is Darlene and I have been alienated from my daughter. We were very close and did a lot together. I wanted my daughter to have her biological father in her life. . Looking at everything now I feel worthless and a failure to my child. She’s had many unexplained illnesses. coincidentally, she started getting sick after a protection order was lifted.. He had pushed me out of a moving car in front of her. Courts were supposed to help. When protection order was placed it was the one of best times of my life. I started seeing things clearer. When you’re manipulated so badly you can’t see it. I didn’t have to worry about what her father would think of this or that.
        I love being a mother. I haven’t seen or spoke to my daughter since March 29th 2024. After I asked her father about DES exposure. He lied and said he’d never heard of it.
        I could write a book of all the
        manipulations, set up’s, going through my mail, stealing keys to my house, gets in my phone with an old iPad. ‘DES exposure through placenta or breast milk’. DES is a synthetic estrogen. It causes stillbirth, premature birth. They stopped giving it to pregnant people in 1970.
        Exposed baby suffers autoimmune disorders, endocrine disorders, premature birth, reproductive tract abnormalities, menopause, infertility, but worst of all rare types of cancer of the cervix. Puberty to early 20’s is the most important time to get cancer screenings of the cervix. Children as young as 8 were diagnosed with rare cervical cancer clear cell.
        I finally got the original papers for a doctors appointment and it states *father present mother at wor*they talked about DES and she was given treatment. The doctor ordered a set of shots to help her immune system. She was also put on vitamins.
        Her father never told me. Why? He got it amended. Why?.
        He watched me try to give her breast milk with formula. I couldn’t make milk after we got home from the hospital. DES was also used to stop milk production. I have tons of evidence of medical neglect. I went to court but my lawyer never listened to me. I told my lawyer not to underestimate him. I told my lawyer I wanted to do the medical first. I never got to show the GAL my evidence.
        Coincidentally a week or so, after hiring the GAL my daughter got Hurt very bad The story about how it happened had holes and lies. A week later when she talked to the GAL my daughter lied. . My daughter would never lie. I believe he hurt her to get her to lie. I know she would have said no to him.
        I could write a book on all the strategies plans, abuse, manipulation, negotiations, mental abuse and emotional abuse. Blackmail, gaslighting. Always a problem. Always a crisis when it’s time to do something that doesn’t benefit him.
        Her current doctor said it had to be a mistake because they don’t make DES anymore. But that is not true. I called a few Veterinarians. You can get hormonal pills for female spay dogs that usually contain DES. For urinary incontinance and breeding. Probably other things as well. It sounds crazy but I know he gave this to me while I was pregnant.
        When my daughter was nine years old, I would’ve told you he would never hurt her in anyway.
        She was always better for doctors appointments. A few days after getting blood work she couldn’t even get out of bed. He’s lied and manipulated doctors records. He has not taken her to recommended doctors for serious problems. Withheld information.
        She has not seen anyone in my family since March 2024. Has problems little excuses. He told her her favorite Aunt doesn’t want her to come over anymore. I know she’s suffering there. . She has not been to any friends houses just a school dance.
        I’ve spent all my money. I lost my job. I have health problems. I can’t believe this could happen. I would have never known if I hadn’t seen the DES at the bottom of one of her doctors appointments.
        I don’t know what I should do next with no money. He can’t get away with this. He can’t. Sorry I rambled, there’s just so much that’s happened. I know she’s not safe there. Court didn’t work. All they did was say for her and I to go to a therapist and the therapist could decide when she could come back home. It’s been 2 months and he still hasn’t gotten to the therapist.
        I’m tired. He says he will get a restraining order. It’s a nightmare. So much more is happening.
        I was told to get police and a lawyer but I have no money left. I have no idea what I’m doing. I just know my daughter and I had a great relationship and now I’m wondering if I’ll ever see her again. I didn’t do anything wrong. I’m very worried about her. She is everything to me.

  • Man who cares. says:

    What does a single mother of 5, 1 3year old girl, 1 6 yr. old girl, 1 11 year old girl, 1 14 year old girl and 1 9 year old boy. All have great potential but but don’t care about anything. There house is completely thrashed despite the mothers attempts to clean. They seem to enjoy making there mom miserable. Mom has no resorses,family or vehicle. Just a dead beat dad. It’s ultra frustrating and I’ve tried for over a year to help or make some sort of difference. There is little to no information on this situation.

    • Kieran says:

      Can a judge upgrade an emergency residency appeal and reward full residency at his own accord

    • Trina M Barrios says:

      I am the grandmother of a child who was place in tempory custody of her father’s aunt she has the state closed it’s case my son originally agreed to do the tempory custody until his aunt had constantly threatened to take his daughter out of state she has used his daughter to extort money from him he offers to buy his daughter what she needs no she only wants money she comes up with excuses not to let them see they’re daughter he lives in Alabama he wants her to come live with me the dhr down there are bad had do u give temporary custody to someone not set of visitations and tell someone all they had to do is a nutrition class then they could have their daughter back and then close a case and leave it at that take someone’s kid for no reason four hours after they get home from the hospital for no reason at all and

  • Understanding DAD says:

    Man who cares. Think about this. She had 5 kids. Not 2 or three. She is not a person who makes good decisions. Children often take on the mindsets their parents have. So she herself has the mindset that she is passing on to her children. She is refusing to step up to the plate and be a parent to her own children. Children need lots of discipline. Obviously she is not capable of doing this. The deadbeat father is also in capable of doing this. In some cases this is because of a deadbeat mother who wants to play the victim. Men and women both must do their best to contribute to raising children properly. All you can do is be a good role model for the children to follow.

    • Marlena Parent says:

      It’s been almost a year sense my kids have seen their father. Reason for that is he over dosed on heroin and my kids found him almost dead. He’s now taking me to court for parenting time and custody. I fear for my kids life when they are around him. I feel he is an unfit parent and should have less possible supervised visits

      • Brittany says:

        It’s been 3 1/2 years since I got my son taken from me to his grandma. He has started calling her mommy cause she won’t let him see me besides every two months.

    • Monika Marx says:

      I suggest to all of you that you stop trying to judge others when you clearly are not very well educated. Man Who Cares…did you even graduate high school? Your incomplete sentences and grammatical/spelling errors are so bad, it is clear you are not qualified to have any kids.

      • MICHAEL JAMES WEBBER says:

        Isn’t your reply just a hypocritical judgment in itself? I’m sure in your eyes,most people aren’t as smart as you are or maybe they’re just a little more distraught and not worried about the spelling of the damn words their kids are at stake, are yours? leave the judgments for God.

      • In your place says:

        I dont think you have any kids. You sound bitter and resentful. If you did have any children, you would feel qualified, with absolute certainty, that you are the appropriate person to have, love amd care for your kids. No education required but experience necessary. You should find a new career as you are unqualified for this position in my amd any other actual parent’s opinion. I m sure you help the ego driven pompous monsters that think they deserve another person’s baby/child. This should almost never happen. It destroys the child and parent. Please research these things that are commonsense to any actual parent alive.

        • Susie morgan says:

          Uneducation is not unfit partening.There are plenty of rich parents with education who let someone else raise thei kidsso they have more money.Rich sometimes send kids to camps and around bad surroundings.You need to be around your kids if you are a loveing parent more.Those places you put them dont have a parent love for your kids.Of course they smile friendly to fool you.They want your money.Whats more important your values or a smileing deceaveing person who wants your money.Only parent who values your values can love and protect your child.There are some but few.Even older silblings may abuse them if left to care for them but and you around you will notice or will find out so can stop.Every day care has several workers and management leaves them in charge of kids,same as schools.Best to care for them yourself a nd know who is around them.That person who smiles at you may be evil.You greatest work is with your child if possible or get social service help,better than putting child in danger thill can do better or they are older .If single,dont date or dont bring date home unless know them well.But if no one safe to care for them be causious and atentiuve while friend there.Noone worth child left alone or abused.Work an acept social service help, you need both .Sign up for public privant housring.Takes a while on list but worth it in end.Pray for a good person to meet that loves kids.

          • Jen seely says:

            This is the only answer worth or comment worth reading on this site is have 3 degrees and am fully capable of working but I chose to have my daughter and stay home and raise her live in public housing not work and live off of food stamps by my choice to make sure no one ever had an opportunity to hurt ,mislead , or abuse my daughter . It was the best choice I have ever made yes we are poor yes it is hard but my daughter was with me and only me where ever I went she went friends family and I never left her anywhere with anyone . She is so intelligent and kind and empathetic. Good luck to everyone you only live once be kind love yourself and enjoy your life.

  • Natalie says:

    Why are my children interview so many times and after a high court appointed a curator in litim for children in 2018? Because of an apparent appeal they did not obey the high court order?
    Know another curator was appointed and we need to see family advocate again and again is this normal?

    • Katrina Milburn says:

      I understand your fear. I am a recovering addict going on 18 years January 7th, way before I ever had children. I started working in the mental health field over 12 years ago. Things that will be important in your situation that you need to ask yourself first are; how long has/was the father an addict? is the father clean now? If so how long has he been clean and is he under the car of a mental health professional? How was the father’s behavior around the kids before when they were around him? Did your children ever witness him acting out making your children or you feel uncomfortable, fear, sad etc.? Does the father have a new partner in his life now? If so do you know anything about his partner or who he hangs out with? I’m asking because these are the people your children would be around. The court takes mental health very seriously especially when not treated by a professional. Addiction usually also comes with another mental health illness. I’d recommend having the court order him to get a mental health evaluation or psychological evaluation.

      I hope this helps and wish you and your children the best.

    • Monika Marx says:

      Natalie, if you want anyone in the court system to take you seriously, you’d better look up how to spell the terms you are trying to talk about. Know instead of now? Really? That won’t help you in court.

      • Michael Webber says:

        WOW if only we all could be as smart as you……..not ! I’m sure you probably mean well Monika, but most of the time if you can’t find something positive to say in a situation like this it’s best to say nothing

  • Socjologia says:

    Undoubtedly a wonderful written piece! Weve book marked it and mailed it out to pretty much all of my close friends simply because I know they are going to fascinated, thank you very much!

  • Jeremy t Wildasin says:

    I fought to prove my child was mine took a year got paternity and then nothing happen. I didnt no what to do and we just always got along. I have had my daughter most the time while they worked and stuff for 3 years now my ex took my baby and is hidden her from mer. I got her other kids to tell me that they were not allowed to let my daughter call me. What can I do its been a month siince i heard from my baby!!

    • Juju says:

      Open up an ex parte court , if you have custody already you should not have any problem getting your baby back! Good luck

  • Angela Ball says:

    I’m concerned about some children i know who are been left unattended while there Mum is working.

  • George holland says:

    I need a lawyer to call me

  • Caring Grandparents says:

    What do you do when you feel your grandchildren would benefit from living with a grandparent over either parent?
    Is there a temporary custody provided to the grandparent until the parent got their lives together?

    • Nikki Silvagni says:

      I am in the same situation with my grandkids. I don’t know who to call. I don’t want child welfare involved.

    • Lori Helen Lester says:

      I have same issue with my granddaughters. Mothrr has had Multiple relationships with abusive men. Had baby # 5 from another unemployed man met online whe married to #4. Last 3 after my son physically abused them. Mom did nothing but ay the victim. Now they blocked us from any contact. I am harassed by the new guy and their father. My son cannot get In contact with his daughters. CPS has been involved in the past and we witnessed the bruises and welts. They don’t do school like they should. She has them online. School prior had the other grandmother care for them due to them being under weight and failing g in school. No external friends. They live in Oregon. We are In WA state. Who can I go to for help. The mother will follow the men and abide by their rules. This man now believes he is their dad and cut all contact with the girls dad and us, the grandparents. Mother diagnosed as bi polar. Does not take medication. No annual checkups for the girls..list goes on. CPS wants to see blood to donating now

      • Kelli McAnulty says:

        I’m a single mother with a six year old daughter whom I have been the caretaker and mother of for her entire life yet I have a very urgent need for a lawyer as I have been harassed by two groups of people who are abusing me and my child which has been going on 24/7 & I’ve been using alcohol and other things to cope with the constant harassment and threats that my child can hear and they’re all watching me and my daughter with the entire town involved calling me a junkie piece of s#$t and making me look bad called cps because I thought they’d stop talking to us if I said I had schizophrenia I don’t and I called the police twice and every time I mess up they’re threatening me with cps, Police and making us move out. Apparently my entire family can see us somehow via the cameras in my house which I know sounds crazy but I am not insane but they are making everyone hate me so much I can’t even go outside without fear of going to jail whenever I smoke a cigarette!! They’re trying to build a case against me and have obtained illegally pictures and video Of my daughter and I which somehow is being shared with everyone in town and they’re calling me a junkie and yelling that and to f4&k off driving by whenever we’re outside. They’re ruining my reputation at 47 yrs old I started work at all get 12 & didn’t work under 30hrs a week until my 20s-30s when I worked 100hrs a week as a general manager of hotels and had the pleasure of working in the hospitality industry for over 30 years building a reputation from travelers to senators and many other groups of people who are also proud members of community groups such as the rotary club, Kiwanis and so forth by which I busted my ass and made a name for myself which is being tarnished, I may lose my child to cps tomorrow and then I have to fight for her to stay with me and my home is a prison in which they’re talking to us through the walls and because I screwed up in the past are using illegally obtained things to blackmail me with, they’ve also have my social security number and All my passwords and have cloned my phone. Please c ok contact me if you can serve as my attorney in the state of Maine. I’m being vague here, this case is going to court they’re trying to sue ME for slander which is $50,000 but I’m the one being harassed,threatened and talk about slander I live next to the freaking police station and they’re calling me a junkie piece of shit too and I’m really not I’m not what they saying but I didn’t defend myself so I may lose my child to everyone else who are mad at me for this and don’t care about what happens to me they believe these people who are constantly talking to me!! Please let me know if you have any lawyers in Maine. Thank you for your time and consideration. Warm regards, Kelli mcanulty

    • Torquilla says:

      I’m going through the same with my grandson. Mother had abuse grandson cause she said she was frustrated and pregnant and I have pictures of his bruises.

  • Howard Fuller says:

    I need to know my rights as a single unmarried father after the custody parents instantly death in a car accident . Can the custody parents , Mother get custody of my kids , The kids haven’t been Legitimation.. Ga

    • Debra Davis says:

      Proving you are the father is the most important thing you need to do right away. Get a lawyer, and he will help you get a DNA test and make sure your child has one. My son was in a somewhat similar situation. The mother was convicted of child abuse, so my son thinks he has custody. I say “thinks” because all he had was temporary guardianship. So after a year, on his own, he gave his child’s mother his child, but we had no idea what little rights my son had. We are in Indiana, and the mother takes off for Texas. Lawyers said there was no DNA test, so there was no paternity, even though my son had his name on his child’s birth certificate. We called the police and CPS, but no one would help us. The only way for us to get him back would be to hire a lawyer, which could cost from $2,000 to $20,000, Luckily, the mother came back on her own, and we found a lawyer who said paternity is proven by having your name on the birth certificate. But still, we have no rights unless we hire a lawyer. She can leave again unless my son takes her to court. But you’re the parent in your situation, and the mother is dead, so get a lawyer and a DNA test, and you should be fine.

    • Debra Davis says:

      I have pictures of my grandsons abuse also and I called the police and they did nothing. But my son punished me for 6 months and we are only talking now because the mother took the child out of state and he wanted me to pay for a lawyer. Now I am getting supervised visits with my grandson not because of the law, but because my son is afraid I will call the police again on his ex-girlfriend who is the childs mother.

  • Jessica Goddard says:

    I need to talk to someone who can help me my boys were takn from me through dhhr and cps and the court terminated my rights mostly because i moved out of the state and a few other reasons they say and the dhhr offered services but there was a scheduling conflict with my work and so they closed services and told the court i didnt comply with the terms and i have very good reasons and when i asked for help u got nothing no communication just down graded my boys have never been away from me and i am worried they are gona think I give up

  • Yasmine says:

    My husband is a foreigner and he wants custody of the kids after divorce , he’s very irresponsible and abusive at a certain point , but he has a job and i dont , altho im self employed so i do make enough money to take of me and the kids …. could i still have custody of the kids

  • exFather says:

    After my divorce I was left in debt , homeless and lost my business. Although I was always the more involved parent, I lived for my kids, she was awarded custody, she doesn’t even LIKE children. I moved into my aunts basement and started working two fulltime jobs (I’ve paid every penny of awarded child support even when it was literally more than I made, borrowing from relatives to make up the difference.) While my ex was evidently already in a relationship before we got divorced (I didn’t know) I’ve pretty much given up on ever dating again. My life is work, more work and my kids. Sometimes I went hungry while paying her $1400 a week. She drives a $75,000 BMW and just bought her boyfriend a new truck.. I drive a 1997 saturn..

    After the courts lowered my child support payments to $1100 a week (it’s still more than I can afford hence the two jobs) she got angry with me and started arguing over everything. Telling the courts I was ” depressed” she started limiting my visits finally convincing them (she did apologize for the lies later but the damage was done) to only allow supervised visits with her mother or new “boyfriend” present because I was , depressed!!! Yes, she put me through hell and then used that as an excuse to try to leverage more money.

    Ruined my life then took my children away while she lives in the four bedroom house I was left by my grandparents. I still have her student loans on my credit. I was paying to see my children a few hours a week and now I have the HUMILIATION of being supervised by two people I don’t trust at all with ANY child.

    So I’ve given up, I told my children goodby forever last visit, I don’t intend to even try to see them again, they don’t understand, we all cried. My heart is broken. The humiliation of supervised visits was the last straw. I’ll keep paying child support but as far as I’m concerned, I’ve lost my children.

    She keeps calling me, I won’t answer. She also stopped by my aunts house a few times and I stayed in the basement.

    Is there any legal way to prevent her from contacting me again?

    • CJ says:

      So ,,,,, because things got real tough and humiliating for you, you walk away from your children????
      That sets such a bad example for your children.
      Child support is set based on the number of children and amount you make. Not more than 40% of income in most states.
      Soooo, get or keep one good job. Spend more time with your children, not less, supervised or not. You can file for a modification to any court order in place. Bring evidence of wrong doing against you. Show you’re capable of supporting and being with your children, without supervision.
      File a complaint with the police when your ex or anyone on her behalf harasses you. But you don’t walk away from your children…..

      • Joseph mcgregor says:

        You need to tell me kids your in a bad spot and so much is running thru your brain and it was a horrible thought of giving up That’s not a opinion don’t let you ex continue to hurt you screw her focus on them kids kiss the courts ass and handle your business kids will see that and it shows never give up anything can happen if you in the fight once you quite no miracle touchdown or shot. Don’t even talk to your ex other then about kids nothing else I was wear your at I’m halfway out the hole she put be in she left with rthree kids and one yr later told me to come get our 10 daughter I have had her almost two yrs and she hates herself for giving up on her and have court July 17th because she wants her back I told her two ways that will happen court says or I die quitting is not a opinion I believe even if you don’t get want you want now it will grow a bond with your kids later in life and you will look back and be happy you did not give up. I hope the best for your brother you can do it it’s hard sucks b s but you can if you love your kids enough you can’t give up you will break I’m sure you don’t want to hear your kids ask you later in life why did you just give up you will only have excuses in there eyes you dont need that or want that I’m guessing You got this man fight like Mike Tyson

  • Katrina Milburn says:

    Too often I see loving, safe parents loosing custody or having to do supervised visitation paying to see their children. I found that having a vindictive, narcissistic ex can be very tough to fight in court as they can be good at lying and convincing others to believe whatever they say. They know how to make the other parent look bad. I’ve also noticed that too many unfit parents are getting custody over fit parents. I can’t seem to wrap my head around this. Is it about money? Control? Politics? The fit, loving parents usually continue to fight for their children, which equals more money for the entire system. While the unfit parent if not granted custody usually won’t continue to fight.

  • Alex says:

    Can I file for custody/child support before the child is born?

    • Debra Davis says:

      No, They won’t let you. They will tell you you have tp wait until after the birth because the child could die, she could have triplets or who knows. They won’t even let a pregnant woman file for divorce. But what you do need to do is hire a lawyer who will guarantee you get a dna test as soon as the woman gives birth, and make sure you put your name on the birth certificate.

  • hailey Wooler says:

    So to make a long story short, I am having an issue with the father or my daugher. I wasnt an unfit parent, there was just alot of lies and i didnt know much of the legal system to know how to do anything, like research. He claimed i abandoned my daughter with her father for 3 months with no communication and sticks to his story for some reason, even with me having text and calls proof that that obviously didnt happen. Our case was closed with our daughter and the only thing i am able to do is take him back to court for custody because he is still causing problems when i pick up my daughter for my visits. i am at a loss because he had already called in emergency custody in the first casr and took her from me for over a year with the bare minimum of letting me see her. So i feel like if i were to take him to court id lose in the battle even though all i am wanting is a fair 50/50 where we both figure things out for our daughter because she is our daughter but i feel that the time apart from the first case is going to reflect negatively on my part even though it only stayed open on his end because he lied about what was and wasnt going on when she was with me or wasnt with me. Is there anything i can do really, any advice?

  • Debra Davis says:

    It is humiliating, hurtful, and it makes a person angry when they have to have supervised visits for no reason. I am a grandparent and I am getting supervised visits not because of the law, but because I called child abuse on the mother and my son sides with her. I can’t petition for grandparents rights because you can not do that if you are still seeing the child.

  • Kristee says:

    Monika Marx,
    After reading all the reviews that are present here,Yours is NO doubt the result of a typical female who was born with a silver spoon in her mouth, Only child, Got by with way to much, became a spiteful Bully by the time you were 5/6 years old who has Never had her rearend warmed w/a few spankings that would have taught you & others just like you that are nothing but, overly spoiled & only “Book” educated!! Wake up to REAL LIFE!!! You are not the smartest humans like you have been raised to believe!! COMON SENSE,+ Street Sense Along w/plain Old Fashioned Experience & I learned a LONG time ago when I was addicted to opiates & Homelessness taught me even more that there is NOTHING that ANY human,No matter there age,education or none,rich or poor,truly good or as Evil as Hell! There isn’t anything that ANY of us won’t do to get by as long as we can.Money and ALOT of it buys anyone Education! It doesn’t make you Holier than thou. More people think they got a Golden stairway to Heaven if they have New Homes that most people get riped off on& end up losing by biting of more than they can chew,same with their New cars that 85% are cheaper made yet get more expensive to purchase & repair. I have learned by being a Mechanic for years now.

  • Samuel quintana says:

    If a court order from the judge that I got full custody but I gave guardianship to my mother for schooling purposes. She made false claims on a restraing order. Isn’t that contradictory to my court order the restraing order affidavit his fill with false claims how can she be able to file the restraing order if inhave custody of my daughters

  • Karina Annite says:

    I want the world to know a great man that is well known as Dr Kala, he has the perfect solution to relationship issues and marriage problems and i am over joyed right now because my love is back to me with the help of Dr Kala.I want to appreciate Dr Kala for bringing back my husband who left me and the kids. I tried everything i could to get him back but he refused to come back to me and he told me its over between us and i strongly believe that he is under a love charm by the woman who took him away from me. I went online to get some tips i could use in getting him back and I saw a comment about Dr Kala and how he has helped alot of people to get there ex lover back and i quickly contact him and explain my problem to him and after following all instructions given to me by Dr Kala, my husband came back begging for forgiveness within the space of 48hours. He return back to me with so much love and affection. Thanks dr your spell is really great. Dr Kala reunite me and my husband with love and he release my husband from the evil spell the woman used on him and return him back to me. For those of you who have marriage/relationship issues should contacct Dr Kala for help via email: kalalovespell@gmail. com

  • Jaime Norgauer says:

    Omg This was very eye opening. I am shocked at the amount of comments from people attempting to reach out for legal help on child custody matters. Hopefully all who read this remember to view everything through unconditional love. By treating all others with unconditional love, we will start to change the world- and hopefully custody battles! Thank you legal group for the information!

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