The complicated matters concerning child custody are often extended on a state by state basis. Although the legal issues that surround divorce proceedings can take several months and carry an exorbitant price tag, this process often leads to the oft-asked question, “Who receives custody of the couple’s children?” Under California law, there are specific procedures that involve a child custody case. However, it’s possible to expedite that process if you can prove that the other parent is unfit to properly raise your child.
Our modification and enforcement lawyers know that the court will only receive strong and indisputable evidence that proves this claim. Therefore, how can you prove that a parent is unfit?
Does the Parent Make Quality Parenting Decisions?
Overall, the court is responsible for granting child custody to the most responsible parent. Therefore, if you can prove that a parent is not responsible enough to properly raise your child, you can encourage the court to rule in your favor. To properly address this factor, you can simply provide proof that a parent does not appropriately make quality parenting decisions. One example of doing so is proving that a parent allows their underage child to watch R-rated movies. Another great example is also proving if a parent responsibly enforces a curfew commensurate with the child’s age.
Of course, you will be pressured to provide the court with undeniable and documented proof of these specific instances. If you are successful, the court will have no choice but to avoid granting custody to a parent that is unable of making critical parenting decisions.
How Was Involved the Parent in the Child’s Life?
In a child custody case, the court will evaluate which party was the child’s primary caretaker. In most cases, the court will award custody to this party, especially if the child has a good relationship with this individual. Hence, if you have been consistently present in your child’s life more than the other parent, there is a great chance that the court will grant you primary custody of your child if you can provide proof of your long-term presence and financial sacrifices.
Was the Parent Abusive?
When a child custody case goes to court, an evaluation will determine the merits of psychological, verbal, and physical abuse that a child has suffered from their parent(s). If there is evidence that a child has been abused by their parent, the court will take the matter into serious consideration. Evidence of this abuse can effectively sway the court to believe that the abusive parent is unfit to properly raise the child. Often, the court will grant primary custody to the non-abusive parent, if the provided evidence suggests that the child is better in their care.
Were There Any Episodes of Domestic Violence?
Similar to how the court will evaluate any claims of child abuse, the court will also examine any previous episodes of domestic violence. Particularly, if there is evidence that proves that a parent has committed hostile physical aggression towards another parent, you can persuade the court to grant primary custody in your favor.
For more information, speak to our modification and enforcement attorneys now.