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Requirements for having a parent considered unfit by courts

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ErinGoBragh

Senior Member
What is the name of your state (only U.S. law)? New York

I'm curious.. what are the general requirements for having a parent declared unfit in the eyes of the court in NYS? Does there have to be CPS involvement? Would police records and admitted threats against the child's life constitute a parent as unfit? If there is an Order of Protection against a father on behalf of a child and mother, and he suddenly sues for custody of the child, what happens then?

Any answers are, as always, appreciated.
 


CJane

Senior Member
You're gonna have to be a LOT more specific. If CPS is NOT involved, but there are VERIFIED REPORTS of a parent threatening the child's life... why the he** is CPS not involved???

What's going on EXACTLY?

Why are there RO's against the parent seeking custody?
 

ErinGoBragh

Senior Member
You're gonna have to be a LOT more specific. If CPS is NOT involved, but there are VERIFIED REPORTS of a parent threatening the child's life... why the he** is CPS not involved???

What's going on EXACTLY?

Why are there RO's against the parent seeking custody?
The father isn't currently seeking custody. I'll need to get more details from my sister later or have her post herself, but there IS a possibility of the father seeking custody in the near future.

There's an RO against the father because he and his girlfriend threatened the life of my nephew, his son, and assaulted my sister in front of my nephew and family. He and his girlfriend also came to my sister's house one night and tried to demand my nephew from my sister, which resulted in my sister driving away with my nephew (there's no custody order and again a documented history of threats and abuse), them chasing her, my sister calling 911 and the girlfriend, who was driving in the time being charged. Last week she obtained the OOP keeping the father and girlfriend from her and her son for a period of one year.

My sister is concerned about the possibility that he could file for custody though and somehow nullify the OOP. I don't see that happening, but I'm not a lawyer.

As for why CPS is not involved, they have been involved from what I know with the father's two children with his girlfriend... but I'm not sure what the results were. They have not been involved between my sister and the father because he doesn't have any custody order. When he started acting out towards my sister and her son, that was it.. he just didn't get to see his son any more since there was no order and my sister is not, at the moment, obligated to send her son with him.

However, he has been threatening to friends that he will file for custody of my nephew. Hence the questions.
 

CJane

Senior Member
Ok.

DAD (NCP) is making threats against child/mother.
MOM has a recent RO against DAD/GF for stalking/abuse.

IF dad files for custody, mom will have to answer the motion properly (help her find an attorney if the time comes) to avoid losing on a technicality, but I can't imagine he'd prevail in a CUSTODY suit. He MIGHT, however, prevail in a VISITATION suit.

BUT - my advice to your sister would be not to worry unless he files/serves her. THEN come back.
 

ErinGoBragh

Senior Member
Ok.

DAD (NCP) is making threats against child/mother.
MOM has a recent RO against DAD/GF for stalking/abuse.

IF dad files for custody, mom will have to answer the motion properly (help her find an attorney if the time comes) to avoid losing on a technicality, but I can't imagine he'd prevail in a CUSTODY suit. He MIGHT, however, prevail in a VISITATION suit.

BUT - my advice to your sister would be not to worry unless he files/serves her. THEN come back.
Alright, thank you Cjane- that's sort of what I figured, since I don't personally think that he wants to go anywhere near a courtroom right now, but I'll tell her that other people concur and to come post here if more happens.
 

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