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New Member
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Jun 3, 2010, 11:10 PM
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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
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Full Member
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Jun 3, 2010, 11:17 PM
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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?
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Family Law Expert
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Jun 4, 2010, 05:18 AM
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Originally Posted by gigi01
would a parent be considered unfit if they were into cyber porn,
No.
Originally Posted by gigi01
and also had infrequent visits
No again.
Originally Posted by gigi01
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.
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Family Law Expert
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Jun 4, 2010, 05:22 AM
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Originally Posted by MarMar27
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.
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Computer Expert and Renaissance Man
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Jun 4, 2010, 05:27 AM
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Originally Posted by MarMar27
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.
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Computer Expert and Renaissance Man
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Jun 4, 2010, 05:29 AM
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Originally Posted by gigi01
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.
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Full Member
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Jun 4, 2010, 08:30 PM
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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.
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Expert
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Jun 4, 2010, 08:38 PM
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Originally Posted by 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.
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
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Full Member
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Jun 4, 2010, 09:12 PM
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And I did not intentionally try to post my personal problems on here, so I apologize gigi.
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New Member
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Dec 20, 2010, 10:06 AM
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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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