A mother who is proven to have demonstrated a dependency on prohibited substances or drugs an/or alcohol runs the risk of getting her custody and visitation rights revoked.
How does drug use affect child custody?
If one parent has a significant criminal history or there are signs of substance abuse, those issues can definitely play into a custody determination. A history of alcohol or drug abuse can significantly affect your custody agreement and influence the Court's decision when granting access to your child .
What makes a mother unfit for custody?
In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children . This can include not only a parent's actions but also a home environment where abuse, neglect, or substance abuse is present.
What to do if you suspect your ex is doing drugs?
If you know or suspect your ex has been doing drugs, ask the court for drug testing . A failed drug test is a condemning piece of evidence. If available in your state, you can also request a custody evaluation so an impartial mental health professional can take a closer look at the case.
How do you prove an unfit parent?
- Testimony from counselors, therapists, teachers, coaches, and other people who are familiar with specific instances in which the parent displayed unfit behavior.
- School and medical records.
- Police reports detailing domestic violence.
- Photographs and videos of the parent's home.
What is considered unsafe living conditions for a child?
Being unwilling to meet your child's basic needs for food, shelter, clean water, and a safe environment (examples of unsafe environments include: your child living in cars or on the street , or in homes where they are exposed to poisonous materials, convicted sex offenders, temperature extremes, or dangerous objects ...
How can I prove my ex is on drugs?
- Testimony from witnesses with close and personal knowledge of your ex.
- Recent DUI charges.
- Recent drug charges.
- Social welfare reports.
- Admittance into a rehab program.
How do I prove my child's father is unfit?
- Testimony from counselors, therapists, teachers, coaches, and other people who are familiar with specific instances in which the parent displayed unfit behavior.
- School and medical records.
- Police reports detailing domestic violence.
How do you prove best interest of the child?
- Prepare a parenting plan. ...
- Keep track of your parenting time. ...
- Maintain a journal to show you meet parenting duties. ...
- Keep a log of child-related expenses. ...
- Get reliable child care. ...
- Ask others to testify on your behalf. ...
- Show that you're willing to work with the other parent.
What should you not do during a custody battle?
- AVOID VERBAL ALTERCATIONS WITH EX-SPOUSE AND/OR CHILDREN. ...
- AVOID PHYSICAL CONFRONTATION WITH EX-SPOUSE AND/OR CHILDREN. ...
- AVOID EXPOSING YOUR CHILDREN TO NEW PARTNERS. ...
- AVOID CRITICIZING THE OTHER PARENT TO LEGAL PARTIES, FAMILY, OR FRIENDS.
How can I win full custody?
To get sole custody of your child, you need to rebut the presumption of equal shared parental responsibility and prove to a court that sole custody of your child is in your child's best interests.
What are unfit living conditions?
The legal definition of an unsanitary living condition can vary from state-to-state and even county-to-county. However, generally speaking, these definitions might include but are not limited to: excessive dirt or filth in the home . improper building construction or poor maintenance of living quarters .
Is beating your child legal?
In California, it is not necessarily illegal to spank or otherwise use corporal punishment on your child. The spanking, however, cannot be excessive. Courts normally draw the line at injury. If you inflict visible injury on the child, chances are that it crosses the line from reasonable disciple to child abuse.
What does CPS look for when placing a child?
CPS will look for any hazards that could result in a child's burn injuries , including electrical equipment, chemicals, and thermal contact. Fire hazards. Make sure that flammable items are far away from open flame in the house. A CPS investigator may also ask you if your house is equipped with smoke alarms.
Does sole custody terminate parental rights?
The termination of the other parent's parental and custodial rights is a final decision by the court . ... You will be the sole custodial parent for the child. Similarly, if the court finds that both parents have abandoned the child you have been caring for, both parents will have their parental rights terminated.
Can a mother lose custody for not having a job?
The good news is that a parent can have custody of a child without a job . In addition, if a mother's primary responsibility during marriage was to care for the child, she may be awarded spousal support and child support which may be used to help raise the child.
