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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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How do I prove my ex is an unfit mother in the state of florida

Customer Question

How do I prove my ex is an unfit mother in the state of florida? She emotionally abused me for 5 years, but how can one prove that she does that to my 3yr old too?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

Typically emotional abuse is not enough to prove unfitness? Has she ever done anything else beyond the psychological abuse?
Customer: replied 7 years ago.
Other than being too controlling and domineering...no she hasn't done anything else. I need to prove she is an unfit mother so I can get custody however. I do not want immigration to deport her and give my child to her. My child is an American born citizen.
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your follow-up.

That is going to be uphill for you, simply because on its face the mother is deemed "fit". To prove "unfitness" you must show that she has a history of abuse, neglect, domestic violence, drug use, alcohol abuse, criminal record/parole/probation, or moral turpitude. Other issues, such as character of a proposed home, or employment, are also considered but are not given as much weight.

If you can show evidence of those factors, especially neglect, you may be able to prevail.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 8:46 PM EST
Dimitry K., Esq. and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
If she is found to have married illegally to obtain her residency card then wouldn't that be considered a criminal offense that would deem her unfit?
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your follow-up.

No, marrying illegally is not something that is considered a cause of "unfitness" (family courts do not generally look to citizenship as cause of fitness). You can contact USCIS and try to get her deported, but it will not help you with custody.

I am sorry.

Edited by Dimitry Alexander Kaplun on 8/2/2010 at 2:54 AM EST