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What evidence is needed for a custody case with an unfit parent?

Bay City, MI |

To be honest, I have a domestic violence charge. A misdemeanor. No physical violence occurred. Had a fight with my wife, broke her phone, went to jail. My ex is facing assault and battery. It's her 3rd charge since she was 14. (22 now) I have texts from her where she threatens physical violence on me and my wife and screen shots of Facebook status updates where she threatens death and physical violence. What evidence would be admissible in court to prove her unfit? I'd like to add that the victim of her assault is a 17 year old (minor/child) she has been charged and plead guilty. Her priors, she was 14 and 16 and it was assault w/ deadly weapon and assault on an officer.

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Attorney answers 2

Posted

My suggestion is that you consult with an experienced family law attorney, as more than her threats of violence toward you would be necessary. Custody cases are complex and fact oriented. There are what is known as the "best interest factors" which the court examines when there is a custody dispute. Domestic violence is only 1 of 12 factors. Was this a child born out of wedlock? What circumstances have changed since the award of custody, other than the threats of violence? Your involvement in the child's life is also important, as well as the child's age. The fact that she's made threats does not mean she is an unfit parent. Has CPS ever been involved? Far, far more facts needed to be disclosed/explored in order to properly assess your inquiry.

Neil M. Colman

Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Neil M. Colman

Neil M. Colman

Posted

By the way...I assume this question relates to the mother just arrested, with the son being in her parents' care. How many times are you going to ask the question? No one on this site is going to tell you what to put in the documents. This is not a teaching website for non-lawyers.

Posted

The evidence involves the 12 child custody factors, more commonly called the best interest factors. I have provided a link with a detailed explanation of the process below.

Daniel

Asker

Posted

I do not have access to most of the evidence. But the court does. Arrest records, police reports, juvenile records. What if I can't provide the evidence? Will they look into it?

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