Menu Contact White & White, Attorneys at Law
Free Initial Consultation 865-622-7768

Can I prove to the court that my child's mother is unfit?

When marriages and other unions that produce children break up, determining who gets custody of the kids can be a major sticking point. Some parents go as far as trying to denigrate the other parent by calling them unfit to rear their children.

Over time, the family law courts have evolved from the presumption that the mother is the de facto caretaker of the children to what is in the children's best interests. In most cases, unless there are significant issues that prevent co-parenting, the courts will award joint custody to the parents.

Even when joint custody is the outcome, it's possible that one parent will be granted more time with the kids for practical reasons. It may be that it's better for the children to live with the parent who remains in their school district. Or perhaps one parent's swing-shift work schedule makes daily parenting too great of an obstacle.

To declare either parent unfit requires proof that the parent was abusive, neglectful, had an untreated mental illness or had a substance abuse problem. To that end, parents who seek treatment and stay on their medications and/or avoid drugs or alcohol would not necessarily be viewed as unfit.

Older children can be permitted to convey their preferences about where they live to the court. Even then, if the preferred parent can't adequately meet their children's needs, it's not likely that a court would award primary custody to that parent.

It's more difficult than many people imagine to get a parent declared unfit, and that may be a good thing. It's important to always remember that your children love their other parent and that should be respected.

No Comments

Leave a comment
Comment Information
Honors & Memberships
  • 10 Best – 2016 | Client Satisfaction | American Institute of Family Law Attorneys(TM)

    He has received this award 2016-2019 for 10 best Attorneys, Client Satisfaction Award.

  • The National Top 40 Under 40 Advocates

    He has received this award 6 years in a row now. for Top 100 Attorneys.

  • 10 Best Attorney | Client Satisfaction | American Institute of Family Law Attorneys(TM)

    Member since 2018 for Top 10 Family Law Attorney for Tennessee.

  • Family Law Top 10 Attorney - 2017-2019 | Attorney and Practice Magazines

    Member since 2017 for Top 10 Family Law Attorney in Tennessee.

  • Best Legal Counsel

    Member since 2018 for Best Legal Counsel in Family Law.

  • Lawyers of Distinction

    Member since 2017 for Excellence in Family and Divorce Top 10% in the USA.

  • Best Attorneys of America | Lifetime Charter Member

    Lifetime charter member for Best Attorneys in America for Tennessee.

Contact Us For A Free Case Evaluation - Email or Call 865-622-7768

White & White, Attorneys at Law, is committed to working with individuals to help them reshape their lives. Perhaps you need a second chance after getting arrested; maybe you're trying to pull yourself together during a frustrating divorce. Whatever the issue, the experienced lawyers at White & White, Attorneys at Law, are here to help.

Individuals are encouraged to contact the firm online or call to schedule a free initial consultation and discuss their legal needs with an experienced Sevierville family law attorney. Appointments are scheduled during regular business hours, but evening and weekend appointments are available upon request.

EMAIL US FOR A RESPONSE

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

White & White, Attorneys at Law 216 Phoenix Court Suite D Seymour, TN 37865 Toll Free: 888-551-9046 Phone: 865-622-7768 Fax: 865-577-1655 Seymour Law Office Map

Can I prove to the court that my child's mother is unfit? | White & White, Attorneys at Law