This might include: A skilled Chester family law attorney can provide you with more guidance on submitting evidence that proves your child has been put in danger by an unfit parent. If a court enters an order granting visitation rights to the other parent during a divorce proceeding or otherwise, the custodial parent is violating the order if he or she denies visitation with the child. This article has been viewed 48,043 times. Suite A4 Can I take full custody of my grandchild? In your petition for dissolution, explain the custody arrangement you want and why the other parent should be awarded little or no custody. Observe his or her behavior. Determine if the parent is unfit. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. If a custody evaluation is ordered by the judge, the clerk will set another hearing date. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Setting Age-Appropriate Limits. If any of your evidence was given to you by a witness, ask the witness about that evidence during his or her testimony. A history of substance abuse – If one of the parents has struggled with addiction in the past, they will need to prove long-term sobriety and reliability to get any type of custody. In any custody case, the court ultimately wants to uphold the child's best interest when deciding if custodial rights should be revoked. During child custody disputes, one of the primary factors that will go into a judge’s ultimate custody decision is each parent’s fitness to take custody of the children. Have a friend or relative over 18 years old and not involved in the case to deliver the documents to the parent. When a Custodial Parent Can Deny Visitation. A history of … Please consider making a contribution to wikiHow today. However, there’s a huge difference between an imperfect parent and one that neglects their child. You can file a petition to establish custody if you are the child's father and were never married to the child's mother. Evidence of unfitness toward one child may also result in the parent losing custodial rights to their other children, even if there was no evidence of neglect towards the other children. To prove that a parent is not fit for custody, you need to provide a history of the parent’s behavior and how it has impacted the child. Does the parent allow dangerous conditions in the house, such as failing to safely store firearms or harmful chemicals? How to Prove a Parent is Unfit for Child Custody. Include your email address to get a message when this question is answered. To learn how to file for someone else to take custody of your child, read more from our Legal co-author. Your belief that the child’s parent is unfit might be … File for divorce. You might also bring in medical records if your child has been abused. The court will need substantial proof that the child is mentally or physically harmed by their parent in order to prove unfitness. File a petition for custody. If you are concerned about the health and safety of an unborn child for reasons such as drug or alcohol abuse you can contact CPS for assistance. You’ll need to file a petition for custody, serve the other parent with a notice, and attend a hearing where you present your evidence. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/a\/a4\/Resist-the-Urge-to-Drive-Drunk-Step-3-Version-3.jpg\/v4-460px-Resist-the-Urge-to-Drive-Drunk-Step-3-Version-3.jpg","bigUrl":"\/images\/thumb\/a\/a4\/Resist-the-Urge-to-Drive-Drunk-Step-3-Version-3.jpg\/aid6898575-v4-728px-Resist-the-Urge-to-Drive-Drunk-Step-3-Version-3.jpg","smallWidth":460,"smallHeight":345,"bigWidth":"728","bigHeight":"546","licensing":"