In cases in which the biological mother has died, and her family wishes to seek child custody, the first task is to prove the father unfit. While this may sound simplistic, it isn’t. The court must recognize the natural parent first as an appropriate choice for the child. In circumstances in which the mother had sole custody, the father is still within his legal rights to petition the court. If you wish to fight this battle, you should contact child custody attorneys in Bainbridge Island WA area right now.
How to Prove a Parent Unfit:
1. Addiction: Drug or alcohol addiction presents an unsafe environment for a child. It eliminates the possibility of stability and could present conditions in which the needs of the child are not meet properly. In instances in which an addiction is identified, a temporary custody assignment is made to allow the parent to acquire help through a treatment program. Failure to comply with the court’s requirements results in a permanent placement with another family member.
2. Abuse: At any time, that abuse is reported to the court, a caseworker is assigned to investigate. If the reason that the other parent had sole custody implies that the remaining parent abused the child, an investigation is conducted to determine if these conditions still exist. If sexual abuse was established in a previous custody case that resulted in a criminal conviction, the surviving parent is deemed unfit by this conviction. Child Custody Attorneys present evidence of these facts if the surviving parent petitions the court for custody.
3. Neglect: If the surviving parent is unable to care for the child by providing food, shelter, clothing, and other necessities, he or she can be deemed unfit. If the parent is neglecting the child, and evidence is presented to the court of these conditions, an alternative assignment is made. Evidence of neglect includes significant weight loss, severe hygiene conditions, and illness.
Although courts prefer to award custody of a child to their natural parents, circumstances exist that prevent this assignment. When the best interests of the child are compromised by an award of custody, the judge must seek an alternative appointment to keep the child safe. If you wish to petition the court to acquire sole custody, you should hire Child Custody Attorneys in Bainbridge Island WA without delay.
