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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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You said if the Court finds me fit how do they do that How

Customer Question

You said if the Court finds me fit how do they do that?
How do they determine whether I am fit or not, since my daughter is saying I am not fit.
Submitted: 3 years ago.
Category: Family Law
Expert:  LawTalk replied 3 years ago.
Good morning,

Thank you for asking for me. It is greatly appreciated.

First of all, if you have to ask that question about fitness, you may already have some trouble. Generally, a parent may be deemed unfit if they have been abusive, neglectful, or failed to provide proper care for the child. A parent with a mental disturbance, or an addiction to drugs or alcohol, may also be found to be an unfit parent. Failure to visit, to provide support, or incarceration of a parent are other examples of grounds for being found to be unfit.

I would suggest that if you question your fitness because of alcohol or drug problems, that you get some immediate help for that. Getting cleaned up will go a long way in getting you custody. However, if the court has found that you are a danger to your child, and perhaps you were getting only supervised visitation, or even no visitation, then you will have to work with the court, making increasing progress until you can show the court that you are worthy of having custody restored to you. You really need an attorney for this process to help in convincing the court of your fitness.

I wish you well.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug




LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
No i had visitation but then my husband would not honor it and then I threatened to cancel the insurance;

so the court suspended visitation;
also my eldest daughter is claiming that my daughter is afraid of me.

So what I do?
I am in AA
Expert:  LawTalk replied 3 years ago.
Good morning,

Being in AA is great! be sure to stay there and stay sober---that will go a long way to proving your fitness.

Suspension of visitation based on a threat to cancel insurance makes absolutely not sense to me from a legal perspective. The courts simply do not operate that way. It had to have been something else that they based the termination of visitation on.

Your daughter being afraid of you, even if correct, is not a basis to deny you custody and give it to a sibling. However, it will be a different story if the fear is a result of previous child abuse---physical or emotional---by you against your youngest daughter.

Again, this is something that is clearly beyond the scope of this venue to deal with. You so horribly need a local family law attorney to assist you in this very complicated matter.

You get an attorney and fight the attempt to take custody of your child from you. If you fail to do that, based on all the issues that you have mentioned permeate this case---I'm afraid that you may lose custody of your daughter---at least temporarily.

I wish you success in the hearing.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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