This is not a criminal defense question. This is a question you need to ask legislators when it comes to family law and the way they decide custody issues.
Because the US Supreme court has ruled that parenting is a fundamental right that cannot be terminated unless the State acts to do so pursuant to the law.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
It is fustrating when you want something, and the answer is obvious, that you have the burden of proving your case. You state that the Father has "proven" he's unfit; ironically, the burden is on you to prove who the Father is. That takes time, effective communication, concentration and admissiable evidence. You can do it. It certainly is worth it and beats the alternative, doesn't it? Good luck.
This is a family law question. As noted above, every parent has a fundamental right to parent his or her kid; however, the "best interests of the child" can change that if . . . in Washington state one of the factors the court is obliged to consider when determining custody / visitation issues is whether the parent has a violent felony on his record. You need to hire an experienced family law attorney. Most likely this attorney will be able to limit visits to supervised. Then the father will have to prove to the supervisor that he can respond appropriately to his child's needs. The fact is, if this guy has no funds and is pro se, and you (or the other parent, grandparents don't have standing) come in with an attorney, the chances of him obtaining unsupervised visits are slim. Good luck! I do want to note, though, that there is no point in going in front of a family law judge and trying to have the dad's rights taken away; s/he is not permitted to do so without a formal finding of unfitness, which is an action brought by CPS, not by the other parent.
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Because he has his right to his day in court. His rights will be balanced against what is in the child's best interests. Have faith in the system.
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