During a custody dispute, a mother's fitness to raise a child can be called into question.The term "unfit mother" comes from the doctrine that child custody should be awarded to the mother if she is not fit to care for her children.The courts try to settle on a custody arrangement that is in the best interests of the child, without bias in favor of either the mother or father.A court can remove a child from a parent's custody if that parent poses a danger to the child.
Step 1: Examine the mother's behavior.
It is not in a child's best interests to be in the custody of a parent who endangers the child.There have been instances of physical violence, excessive disciplining, drug or alcohol abuse and convictions for sexual offenses.
Step 2: Take into account the environment in which the mother is raising the child.
The child may be removed from the parent's custody if they fail to remove the child from dangerous circumstances or a dangerous environment.As you review those conditions, ask yourself if the parent is doing their job.Is the child properly fed, clothed, and educated?Is the parent associated with criminals, gang members, violent people, or drug users?Is the house well-maintained and has enough space for the child?Is there anything more dangerous in the home than lead paint?
Step 3: Evidence should be gathered.
You need to show that the environment in which the parent is raising the child poses a danger.Photographs, video, and audio files showing physical or verbal abuse Medical records related to injuries Criminal records Communications between yourself and the mother
Step 4: Interviews with witnesses.
In order to remove the child from the care of the parent, witness testimony is needed.Speak to friends or family members who may have seen the parent neglecting or harming the child.Get the details of the incident from the witness, then ask if he or she would be willing to testify.In addition to threatening emails or voicemails left by the parent, your witnesses may have other evidence in their possession.
Step 5: Get a case started.
If you want a court to modify or end the mother's custody rights, you must start a case.Call your state's Department of Child Protective Services if you want to start a case.Depending on the policies of the office in your state, you may be able to have your case investigated and filed.There is a petition for a divorce.Child custody will be an issue in your divorce case if you are married.Explain why the other parent is not fit to be a parent when you fill out your divorce petition.There is a petition for custody.You can file a petition to establish custody if you were never married to the other parent.If you divorce the other parent and want to modify the custody order, you can file a petition.If you want to make a request, ask the court clerk what forms you need to fill out.You can use the forms to explain why the other parent is not fit to be a parent.There is a petition for a guardian.You can become the child's legal guardian if you are not a parent.If you want the child to be removed from the parent and placed in your care, you should ask the court clerk what forms you need to file.
Step 6: You should file your documents.
You will need to make several copies of your forms and bring them to the court clerk.The forms will be stamped as "filed" by the clerk.You may have to pay a fee.When the court sets a hearing date, you will be notified by the clerk.You have to file your petition in the county where the child lives if you are filing for custody.If you can't afford to pay the filing fee, you might be able to apply for a fee waiver.The form needs to be filled out and submitted to the clerk.The clerk will inform you that you have to pay the regular filing fee if the judge denies your fee waiver.
Step 7: Provide for the mother.
You must serve the mother with formal notice of the proceedings after you file your petition.Depending on your court's rules, you may be able to file a "waiver" or "Acceptance of Service" signed by the parent.You can ask the court clerk to give notice on your behalf if you are required to.Pay the sheriff's office or a professional process server to serve the parent, or arrange for a friend or relative over 18 years of age to hand-deliver the papers.
Step 8: There is a Proof of Service.
You can get an Affidavit of Service form from the court clerk if you want to verify that your process server served the other party.The signed form needs to be filed with the court clerk.
Step 9: You should attend the hearing.
Arrive early, dress well, and wait for your case to be called.The judge will want to know why the mother's custody rights should be terminated or modified in the best interests of the child.The parent can rebut your arguments with witnesses and evidence.
Step 10: There is present evidence.
Bring originals of documents and photographs, as well as audio or video files on a CD.If you want to quickly refer to each item in court, you should arrange your evidence chronologically in a binder.If you have evidence from one of your witnesses, you should ask them about it during their testimony.It is in the child's best interests to be placed in your care when you are arguing for custody.Bring a copy of your lease or mortgage to demonstrate to the court that you can provide a stable home for the child.
Step 11: Witness testimony is a good way to take testimony.
You and your witnesses will be allowed to testify about incidents that show that the parent is not fit to be a parent.If you have an attorney, he or she will ask questions to help you through your testimony.Explain the incident calmly to the judge if you are representing yourself.The witnesses can testify about the incidents they observed after you testify.The child may testify at the hearing.Depending on the state, a child's testimony can be used in court.In Ohio, children over 10 years of age are generally allowed to testify, while children younger than 10 must be found by the court to be able to understand questions.The other side will have an opportunity to question the witness after they have been examined.Do not be afraid to admit that you don't know an answer, and keep your answers short and to the point.
Step 12: Obey the court's orders.
At the conclusion of the hearing, the judge may make a custody determination or decide that more information is needed.An independent evaluator will interview the parties, the child, and friends and family if the court orders a child custody evaluation.The evaluator can schedule psychological testing.The clerk will set a new hearing date if the court orders a custody evaluation.Return to court on the hearing date for the judge's ruling on your custody petition after complying with the interviews and home visits.