What Can I Do if I Believe My Ex is Unfit to Have Custody?
When a couple splits up and there are children involved, you will need to deal with many contentious issues, including child custody. You want the best for your child, so what happens if you think your ex is an unfit parent?
First, you need to think about what you are concerned about. Does your ex have a history of substance abuse? Is there a history of child abuse or domestic violence? What about mental illness? Alternatively, if the other parent is disabled, you may have concerns about their physical ability to care for the child.
But is that parent unfit? An unfit parent is one who fails to provide for a child's physical, emotional, and mental well-being. The criteria for this determination vary, but courts consider factors such as abuse, neglect, abandonment, substance abuse, and mental illness. Any type of domestic violence or criminal behavior would also be considered.
Understand Your Options
If you have a valid concern about your child being in the care of the other parent, here are some steps you can take:
- Seek professional help. A professional such as a therapist, social worker, or child psychologist can assess your child's emotional state and well-being and determine if there is any neglect or abuse involved.
- Document everything. Keep records of incidents that raise your concerns. This can include any form of communication that can serve as evidence, such as emails and texts.
- Request a custody evaluation. A custody evaluation involves a court-appointed professional who assesses each parent's ability to care for the child. This evaluator may conduct interviews, home visits, and psychological evaluations to assess both parents.
- Involve Child Protective Services. If you believe your child is in immediate danger, you can contact Child Protective Services (CPS). They can investigate and potentially make recommendations to the court regarding custody and safety.
- File a child custody modification. You can file for a child custody modification if you have evidence of actions or inactions that are affecting your child's well-being. For example, is your child not eating enough? Are they missing school?
- Ask for supervised visitation. Supervised visitation allows the other parent to maintain a relationship with the child but in a safe environment. Typically, someone appointed by the court will be present during these visits to ensure the child's safety.
- Seek full custody of the child. If you believe your child is in immediate danger, you can petition the court for sole custody. However, this is a last resort. You would need substantial evidence to support this.
Contact Us Today
Do you feel uneasy about your ex’s parenting? Do you want to know what options you have?
Texas family law attorney John Powell III, P.C. understands how contentious child custody can be. We can help you understand your legal rights and help you avoid major conflicts. To schedule a consultation with our office, call 832-850-6095 or fill out the online form.