How to Get Custody of a Child from an Unfit Mother

Divorce is not easy on any of the people involved. Sometimes the spouses are very angry and downright hateful toward each other, other times they’re very polite and civil. While it eases the sting of divorce to be calm and nice to each other, when it comes to how to get custody of a child, the whole situation can get very tense. The following will look at some of the criteria a family court judge relies on to decide which parent should have physical and legal custody.


Pittsfield, MA -- (SBWIRE) -- 01/25/2013 -- When a divorcing parent wonders how to get child custody, he may want to think about what a judge might need to know about his finances, his living arrangements, and other important issues. Here is some commonly requested information a judge bases his decision on. Keeping in mind that the ultimate goal in granting custody of a child is what would be in the best interests of that child, be prepared to offer proof of income, a doctor’s report regarding one’s physical and mental health, and the age and overall health, both mental and physical, of the child. A court also takes under consideration the emotional bond between each parent and the child, the wishes of both parents, and the choice the child makes if he or she is age 12 or older. A judge will also ponder how supportive each parent is of the relationship the other parent has with the child, how much emotional stress the child would have to endure if forced to move to a new town, school, etc, and whether either parent has brought malicious or fraudulent charges of mental or physical abuse against the other parent.

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If one parent leaves the home voluntarily before any separation agreement has been drawn up, it may hurt his or her chances of getting custody of the kid. However, when thinking about how to get custody of a child, if that parent takes the child with him or her when he or she leaves, the judge may see this as an attempt to protect the child from adversity. Of course, a great deal of investigation must be done before a court can definitively state that the child safer with one parent than he or she would be with the other. Remember, too, that sole physical, legal, and fiscal custody is not often awarded to just one parent. Much more commonly, a judge splits the custody between both father and mother, ensuring that the child will be best taken care of.

About Legal-yogi, an online repository of all manner of law located in Pittsfield, Massachusetts, has more information on this topic and is happy to share it with others.