Lara Bracamonte Davila

Doing What Is Right For You

My soon-to-be ex is an unfit for parent

On Behalf of | Oct 11, 2023 | Family Law

The divorce process can be a very emotional one, especially when a child custody dispute arises. However, it’s crucial to fight for your right to sole custody if you believe that the other parent of your child is unsuitable to parent due to illness, drug addiction, or any other problem.

While it can be difficult to successfully have the other parent found unfit for custody, it is possible. The moment you file paperwork in court for this purpose, court personnel are entitled to investigate you and your ex-spouse.

Proving your other parent is unfit to parent

You must demonstrate that the other parent is an unfit custodian since the court will be considering the child’s best interests. As evidence, you can use any of the following:

  • Photos, videos, texts, or voicemails that portray your ex-spouse acting in a questionable manner.
  • Evidence such as medical records, images, witness testimony, or police reports demonstrating your spouse has a history of domestic violence.
  • Medical documents and sworn testimony from doctors and nurses can demonstrate that your ex-spouse is too ill to work or parent your child.
  • Records of arrests for drug use, DUI, or DWI can be utilized to demonstrate that the other parent has a substance abuse issue.
  • Phone and video calls between the child and your ex-spouse should be recorded in a diary. These records may prove that there is a lack of frequent communication between them.
  • Records of neglect or abuse written by doctors, teachers or counselors should be included in your evidence.
  • Records of frequent visits from Child Protective Services should also be included.

It can be difficult and emotionally taxing to establish that the other parent is unsuitable to have custody of your child. You can deal with your custody dispute by seeking legal advice in this situation.