Determining an unfit parent in Virginia is a complicated process. In most cases, courts will uphold a parenting plan that has already been agreed upon. However, if you believe your ex-spouse cannot provide appropriate parenting due to abuse or other concerns. In that case, you will need to hire a lawyer with sound experience in family law to help you protect your child against negligence.
The following blog will detail what to look for when you suspect your ex is an unfit mother and offer advice on moving forward with protecting your children and potentially retaining primary custody of a child or children.
Virginia law states that a parent who falls into one or more significant categories of abuse and neglect may be deemed unfit as a caregiver in court. The three major categories include:
Additional factors, including parental alienation, substance abuse, psychiatric concerns, or medical concerns, can come into play and may serve as evidence against a mother if the other parent or court believes she is an unfit parent.
Proving a spouse is unfit can be performed by presenting evidence in court. Evidence may include witness reports, professional medical assessments, social reports, and documentation of the mother’s personal history.
Custody lawyers in Virginia can provide helpful guidance and build a solid case to support why someone’s parental rights should be limited or terminated entirely. With legal help and enough documentation, it may be possible to convince the court that your spouse is not fit for parenting.
Contact us if you believe your ex is an unfit parent, is going through a divorce, or wants modifications to a current custody arrangement. We can help with legal counsel and assist you with keeping your children safe.