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    MariMerc's Avatar
    MariMerc Posts: 2, Reputation: 1
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    #1

    Jan 14, 2010, 01:07 PM
    What defines an unfit mother
    Are their any specific reason to declare a mother unfit in the state of NYC
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jan 14, 2010, 02:04 PM

    Just a few, Drug, alcohol, verbal and physical abuse and wittholding the necessities of life are some I can think of right now, but there could be more. That just isn't in the state of NYC, that is just about worldwide.

    Tick
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Jan 14, 2010, 02:38 PM

    What reasons do you think you have ?
    MariMerc's Avatar
    MariMerc Posts: 2, Reputation: 1
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    #4

    Jan 14, 2010, 02:45 PM
    I am just asking out of curiosity. Are there any moral reasons that some women may take lightly and are not aware of.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #5

    Jan 14, 2010, 02:50 PM

    I find it interesting that you specify unfit MOTHERS.

    Why not unfit "parents"?

    Generally, you are considered unfit if you are an actual DANGER to your child.

    Moral upbringing (or lack thereof), last I heard, wasn't a danger to a child.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Jan 15, 2010, 07:42 AM

    As Synnen said, the courts really don't care about moral issues. They've heard crazier things than you can imagine and it's always a waste of time; the judge doesn't care that one parent had an affair or is promiscuous. They care about who is going to provide the best environment for the child.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 15, 2010, 08:11 AM
    Quote Originally Posted by MariMerc View Post
    I am just asking out of curiosity.
    Yeah right! Why are you trying to get your child from its mother?

    There are NO laws that define an unfit MOTHER. The laws address fitness as a parent, gender is not specified. So whatever guidelines exist to determine a mother unfit would apply to the father as well.

    Most states, including NY, go by the best interests of the child principle. A Family Court judge has significant leeway in deciding what the best interests of the child is in any custody. However, they will be very reluctant to remove a child from the custodial parent, unless that parent can be show to be a danger to the child. And moral grounds will rarely qualify.

    Now why don't you tell us your real story so we can try to help you.

    And by the way. as much as NY City would like to be separated from NY State, NYC is not a state unto itself. In terms of Family Law, generally state laws govern.

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