Your child’s or children’s other parent could be unfit for custody. But don’t bank on a judge to take your word for it. You need the receipts.
The law is tilted in favor of awarding split custody to respect each parent’s equal rights. Split custody is also where a court will err if there is not enough justification to rule otherwise.
That means the burden of proof rests squarely on you to show a judge sole custody is the best option. You need an air-tight case, and that means you need
proof and cold, hard facts, not just allegations. Remember, these judges have heard it all. They need to be convinced.
Cases involving convicted criminal charges such as physical or sexual abuse are black and white and will almost always nullify a parent’s rights to custody. Everything else is in the gray area, so your goal is to paint a crystal-clear picture. In other words, a judge needs to see them as “unfit.”
If a parent is incapable of giving love, stability, and nourishment for their children or unable or unwilling to provide them with their material needs, they can be deemed unfit. If their behavior or lifestyle subjects their children to risk or the potential of abuse, neglect, endangerment, or substance abuse, they can be deemed unfit.
But again, a judge isn’t going to give you the benefit of the doubt. You need cold, hard facts.
3 things you can start doing immediately
1. Start recording conversations with the other parent. There are apps available to record phone calls, and they are well worth the payment if they give you the ammo you need. Most phones and computers already have the capability to record voice memos.
2. Dig through your text threads and pictures and start a folder. Some of the most damning examples of unfitness may be from before the other parent knew there was going to be a custody battle.
3. If you’re currently exchanging custody, ask your kids questions about their time with the other parent. Did they miss school? Did they sleep in their bed? Did the other parent have unusual company over? Write down anything alarming and date it.
You need the receipts, and you may already have them. Invest in the time to dig. Your kids deserve it.
Is your case extremely complex and do you need additional support gathering evidence? That’s where the Sly Investigations Team can help you.