An unfit parent puts the child at serious risk by their inability to provide a safe environment for the child.
Unfit parent definitions vary between each state.
But, in general, an unfit parent is one who cannot provide proper care, guidance, and support for a child.
What makes a parent unfit varies from state to state.
But, in general, an unfit parent is one who is:
If your ex is an unfit parent, you probably want to know how to prove a parent unfit.
The courts will need evidence that this parent is unfit.
So, to prove a parent unfit, you need to first gather evidence.
Evidence proving a parent unfit could be things like:
There are three scenarios for how to prove a parent unfit:
If you already have child custody orders, you will have to modify the custody orders.
You will need to file a Petition To Modify Child Custody.
If you don’t have child custody orders, you need to establish custody.
You will need to file a Petition For Custody.
If you are not the parent, you need to establish guardianship.
You will need to file a Petition For Guardianship.
When you file any of these petitions, you’ll need to include your evidence proving the parent unfit.
File your forms at the Superior Clerk’s Office.
After this, you’ll need to serve the unfit parent with the Petition that you filed.
Once the parent has been served, you can schedule a court hearing.
At this court hearing, the judge will review your evidence.
If the judge deems the parent unfit, then they will issue new child custody orders.
Mental illness is one of the reasons a judge will change custody.
How do you go about proving mental illness in child custody?
To prove mental illness in a child custody case the parent must:
Mental illness is treatable.
So, a judge may not make permanent changes to custody.
Let’s look at some unfit father examples.
Some unfit father examples would be a father who:
These are just some examples of an unfit parent.