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-   -   How to prove a parent to be unfit (https://www.askmehelpdesk.com/showthread.php?t=476277)

  • Jun 3, 2010, 11:10 PM
    gigi01
    How to prove a parent to be unfit
    Would a parent be considered unfit if they were into cyber porn, and also had infrequent visits, and when did visit the visits were unannounced they might show up at 8am or 12am, also there have been harmful threats in the past and the parents have not leaved together but 2 months since the baby was born 2 yrs ago
  • Jun 3, 2010, 11:17 PM
    MarMar27

    Hm, good question I am going through the same situation, except I know for a fact the father of my child is unfit we haven't been to court yet, but I have the feeling that might end up being the case, well, what is his lifestyle like, does he help with the child? Does he have a record? Does he work? Do you feel that he has a negative affect on your child?
  • Jun 4, 2010, 05:18 AM
    GV70
    Quote:

    Originally Posted by gigi01 View Post
    would a parent be considered unfit if they were into cyber porn,

    No.

    Quote:

    Originally Posted by gigi01 View Post
    and also had infrequent visits

    No again.

    Quote:

    Originally Posted by gigi01 View Post
    a the parents have not leaved together but 2 months since the baby was born 2 yrs ago

    Huh... what??


    The definition of an unfit parent is governed by state laws, which vary by state.
    For example, one state declares the power of the juvenile court to terminate the rights of a natural parent (a) who was "unfit or incompetent by reason of conduct or condition seriously detrimental to the child," (b) who "abandoned the child," or (c) who "substantially and continuously or repeatedly refused or failed to give the child proper parental care and protection."

    Some state laws provide for a fitness hearing to be held after an adjudication of neglect, dependency or abuse. In such cases, the law may specify a time after such an adjudication in which the parent may make efforts to resolve the problem, such as seeking drug or alcohol treatment. A parent's failure to make reasonable efforts and progress within the specifed time frame is a ground of unfitness. Local laws should be consulted for specific requirements in your area.
  • Jun 4, 2010, 05:22 AM
    GV70
    Quote:

    Originally Posted by MarMar27 View Post
    do you feel that he has a negative affect on your child?

    Sorry! No one will be interested in her feelings.If she does not have CLEAR AND CONVINCING EVIDENCES that he is a real danger to the child,her feelings will not have any impact on the case.
  • Jun 4, 2010, 05:27 AM
    ScottGem
    Quote:

    Originally Posted by MarMar27 View Post
    hm, good question I am going through the the same situation, except I know for a fact the father of my child is unfit

    Based on your other post, you do NOT "know for a fact" that the father is unfit. Unfitness is a legal issue and is somewhat difficult to prove. Being a bad father and an unfit one are not the same thing from a legal standpoint.
  • Jun 4, 2010, 05:29 AM
    ScottGem
    Quote:

    Originally Posted by gigi01 View Post
    would a parent be considered unfit if they were into cyber porn, and also had infrequent visits, and when did visit the visits were unannounced they might show up at 8am or 12am, also there have been harmful threats in the past and the parents have not leaved together but 2 months since the baby was born 2 yrs ago

    Not even close. As I just posted there is a difference between a bad parent and an unfit one. The father of your baby would probably not get more than supervised visitation, but I doubt if he would be declared unfit.

    If there have been threats, you should get a restraining order against him.
  • Jun 4, 2010, 08:30 PM
    MarMar27

    ScottGem, I know for a fact because an unfit parent is one whom cannot take care of a child, which in my case he cannot. He is to unstable, has a drug problem, and a mental disorder.
  • Jun 4, 2010, 08:38 PM
    Fr_Chuck
    Quote:

    Originally Posted by MarMar27 View Post
    ScottGem, I know for a fact because an unfit parent is one whom cannot take care of a child, which in my case he cannot. He is to unstable, has a drug problem, and a mental disorder.

    Sorry your case is different from the one listed. Please don't use your personal problems as a answer to others.

    Merely not being a good parent is different than being unfit.

    Even with the issues you listed drugs and mental, you have to prove them in court, so there will have to be evidence of drug use, ( and current) and proof of mental problems
  • Jun 4, 2010, 09:12 PM
    MarMar27

    And I did not intentionally try to post my personal problems on here, so I apologize gigi.
  • Dec 20, 2010, 10:06 AM
    Lena3889
    Comment on MarMar27's post
    A lot of people are going through the same thing, and sometimes if you can relate, you try to. I hope everything works out for you.

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