How hard is it to prove a parent is unfit even if the court has awarded custody of their three other children to them?

Asked over 5 years ago - Niagara Falls, NY

I am currently expecting and my ex is an unfit parent. He has recieved full custody of his 2 children and his ex son through the court system. CPS has removed the children from the mother several of times because of her drug problem and endangering the children. He has custody but he is just as unfit as she is but the court system keeps letting him slide when an issue arises. i dont know if it is because there is no where else for the kids to go or what becasue i think they would all be better off in foster care instead of the enviroment they are forced to live in. i am just wonder if him currently haveing custody of 3 other children is going to be a problem for me when he files for my child even though i have been keeping records of his behavior ?because he keeps geting second chances

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . The court will consider the best interest of the child. In NY it usually is not good to try to convince the court the other parent is unfit. It is much better to argue the child is better with you than with him. Custodial arrangements involving other children by another mother rarely are of interest to the court unless there has been proven abuse on his part. This response is from a NYS attorney.

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