Trying to prove that the other parent is unfit in a child custody case in Oklahoma is a serious matter and requires substantial evidence to convince the court. The primary concern of the court is the best interest of the child and demonstrating that the other parent is unfit involves showing they pose a risk to the child’s well-being. Here are the steps and types of evidence typically involved in proving a parent is unfit in Oklahoma:
Steps to Prove a Parent is Unfit
In order to be able to prove the other parent is unfit, there are certain things you’ll need to do.
Understand the Legal Standards: The court’s primary consideration is the best interest of the child. Factors include the child’s physical, emotional, and mental health, as well as stability and continuity in their life. An unfit parent is one whose conduct or condition seriously endangers the child’s physical or emotional well-being through actions such as neglect, abuse, substance abuse, mental illness, or criminal behavior.
Gather Evidence: Collect records that demonstrate the other parent’s unfitness. This includes medical records, police reports, school records, and any other relevant documentation. Identify and prepare witnesses who can testify about the other parent’s behavior and its impact on the child.
Specific Evidence: Show evidence that the parent fails to provide basic needs such as food, clothing, shelter, or education. Evidence of abuse (in any form), substance abuse, or a criminal record can also be helpful to your case. If the parent has a mental illness that can pose a risk to the child, this can also be used.
File Motions in The Court:
File a motion with the court detailing your evidence and requesting a modification of custody. The motion must satisfy court requirements including order setting hearings signed by the Judge in your case. Proper service on all relevant parties in the case is also essential.
Court Hearing: During the hearing, present all gathered evidence and witness testimony to the judge. Be prepared for the other parent to counter your claims. The court may appoint a Guardian Ad Litem to investigate the situation and make recommendations regarding custody.
After considering all the evidence, the judge will make a determination based on the best interest of the child. If the court finds the other parent unfit, it may modify custody arrangements accordingly.
Types of Evidence to Present
There are several kinds of evidence that you can use to help prove unfitness and insure that you get custody of your child.
Medical Records: Document instances of neglect or abuse through medical reports, hospital records, and testimonies from healthcare providers.
Records: Provide evidence of criminal behavior, domestic violence incidents, or substance abuse issues through police reports and criminal records. School records can show problems with the child’s academics, attendance, or behavior that may be linked to the other parent’s conduct.
Witness Testimonies: Gather testimonies from individuals who have firsthand knowledge of the other parent’s behavior, such as teachers, neighbors, family members, or social workers.
Photographs and Videos: Provide visual evidence of living conditions, instances of neglect or abuse, or any relevant incidents. When you provide video and photographic evidence its important that it meets the requirement of the rules of evidence. Generally speaking, the pictures and videos must be authenticated to be admissible in court. This means the person that took the video must be available to testify that they took the video and that the date they took it is the day its purported to be on.
Tulsa Child Custody Attorneys
Working to prove that the other parent is unfit in both divorce and child paternity cases requires thorough preparation, substantial evidence, and often the assistance of legal and professional experts. The process involves gathering and presenting documentation, witness testimonies, and expert evaluations to demonstrate that the other parent’s behavior or condition poses a risk to the child’s well-being. The court’s primary concern is the best interest of the child, so successfully proving unfitness can result in a modification of custody arrangements to protect the child’s welfare.
Our team here at Tulsa County Lawyers Group will guide you through the child custody process. We will make it our goal to ensure you have your best case possible through evidence, testimonies, and more. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
