Going through a divorce is hard enough, but it’s even more difficult when there are child custody issues involved. What happens if you believe your ex is an unfit parent? Here’s what to know and how a qualified attorney can help you prove it.

Why Parents May Be Considered Unfit

Biological parents automatically have parental rights – they don’t need to prove they are fit first. Unfortunately, this means that many children are harmed during the course of finding out that one or both parents aren’t capable of caring for the child.

There are many reasons why a parent may be considered unfit to be responsible for their child, including but not limited to:

• Domestic violence or child abuse
• Sexual abuse of the child
• Abuse of any other child
• Neglect of the child’s physical needs including nutrition, education, and medical care
• Cruelty towards the child
• A history of criminal behavior
• Substance abuse or certain mental health disorders
• Certain physical impairments
• A dangerous home environment

How To Prove Your Child’s Other Parent Isn’t Fit

A court can’t just take your word for it that your child’s other parent isn’t fit to care for them unsupervised. You will need to offer sufficient proof that this is the case, such as:

• Past criminal records
• Medical records documenting physical or sexual abuse
• Testimony from your child’s teachers or counselors
• Photograph or video evidence of abuse or neglect
• Police reports of abuse
• Emails and text messages that show evidence of abuse or neglect

If the court determines that your ex is, in fact, unable to care for their child, the next step is to determine to what degree. Is supervised visitation possible? Is it in the best interests of the child?

At this point, the court must strike a balance between allowing the child to maintain a meaningful relationship with their parent and protecting them from any harm they might do. In cases of sexual abuse or violence, a parent’s rights may be revoked entirely and supervised visitation may not even be on the table.

When To Call A Qualified Brooklyn Divorce Lawyer

If you’re involved in a custody battle with a parent you feel is unfit, it’s crucial to have experienced legal advocacy on your site. Veteran New York divorce lawyer Mary Katherine Brown can help you fight for custody and visitation arrangements that are in the best interests of your child. Call today for a consultation to learn more by dialing (718) 878-6886.