How canI prove that my husband is an unfit parent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How canI prove that my husband is an unfit parent?
My husband of 3 years is addicted to K2 (synthetic pot). He has become very aggressive andexhibits rageaholic characteristics. He became so enraged a few nights ago, that he punched a hole in our bedroom door. Recently at a restaurant with our son and my 7-year-old stepson, he went to the bathroom and when he came out nearly passed out. He handed me some white powder (synthetic pot) andsaid to get rid of it. I want to divorce him but I’m afraid to turn my son over to him for visitation. K2 doesn’t show up in a drug test. How do I prove him unfit to have full visitation rights?
Asked on December 16, 2010 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. Having someone declared an unfit parent can be a difficult - but not impossible - task. The burden of proof is obviously on you. Generally speaking courts do not like to take sides in these matters but the focus is always on what is in the best interests of the children. If the drugs do not show up in testing then you are going to have to prove your case by other means: actions, in placing the children in a dangerous situation; in showing abuse, etc. You may have to call the police when he gets violent again. Apply for a restraining order. I think that it would be best for you to consult with an attorney in your area on the matter. This way you know what you are up against. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.