In the Affidavit attached to your motion for custody you state all the reasons and facts which prove the father is an unfit father, and all the reasons and facts why it is in the child's best interest that you have custody. Also attach any documents necessary to prove any of the facts you state, along with the proper foundation for the documents if you would like the court to admit it as evidence. If you would like further advice please feel free to call for a consultation with me at (410) 381-1656. David Mahood, Esq.
This answer is NOT legal advice and is GENERAL INFORMATION ONLY and does NOT establish an Attorney/Client Relationship because you have not retained me and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is merely provided to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. A Consultation, Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required if you would like to obtain my representation. Office: (410) 381-1656. David Mahood, Esq.
There is no set list of things that you must prove to show that the children should be in your custody rather than the father's. The court will decide custody based on "what is in the best interests of the children." This is a very open-ended standard, and it can mean different things in different cases. The best advice that I can give you is to gather any documents that bear on your and his fitness as a parent, gather any witnesses who have information relevant to your and his fitness as a parent, and take all those things to court with you. Be prepared to elicit testimony from each of your witnesses that show your good qualities and his poor qualities and that allow you to introduce your important documents. Better yet, get an attorney with experience in preparing cases such as these. Only with such an attorney is your case likely to be clear and persuasive. Best of luck.