What is considered an unfit parent?

Child Custody 2 views 2 answers
My ex is trying to find anything to use against me. My daughter was 3 and going to head start, but i only took her on days i worked so that she could spend time with the family. Well he is trying to say that since i took neglected to take her 5 days a week that is an example of me being unfit. Or that the FEW nights a month when I have a sitter for both of my children if I go out and get drunk that I am irresponsible. I have been raising her since she was born, she is currently 4. And out of no where he wants to raise her. I do work but use welfare to supliment our family income. Can he use that against me since he makes more money than me? He doesn't even pay child support

Attorney Answers

2
Jonathan Levy ·
Generally speaking, the information you have listed does not seem to indicate you are an unfit parent. How is it that he does not pay child support if you are on welfare? You should get the family support people after him.
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Stephanie Farr WhiteDivorce / Separation LawyerSimi Valley, CA ·
Level of wealth cannot be used as a factor in deciding fitness of parents. The only thing you mentioned that may be a concern for the mediator and then the judge is that you "go out and get drunk" a few nights a month -- even though you provided a sitter. In my local courts, the judges take even the mention of alcohol very seriously -- they don't want kids around it or around people who have been drinking within the preceeding 24 hours. I am not familiar with the courts or judges in your area, but be prepared that -- if true -- it may be a real concern for them. Even still, they are more likely to make orders that you not drink than to take your kids away. Why haven't you sought support? Lawmakers have considered this issue and carved out a way for single parents to make ends meet (or make life a little easier). They have done so to benefit the children, and by your not seeking support you are effectively denying the children of their rightful benefit. Stephanie White THE LAW OFFICE OF STEPHANIE WHITE Simi Valley, CA www.805Lawyer.com DISCLAIMER: The above is not legal advice nor does it establish an attorney-client relationship with the person posting the question or any person reading the above. There is no attorney-client relationship between any reader and this writer or her firm. These comments are not subject to any privilege protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing. The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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