Greetings. First, your question is unclear. What needs to be proven for what? A change in custody?
Harming a child usually, from solely my point of view, involves hitting a child or subjecting them to gross negligence. You may want to call child protective services to get a clearer picture of what they believe constitutes this standard, as it is not one I use in practice.
Leaving children unattended is never a good idea.
Finally, remember that the child has a lot of responsibility for what he/she puts in their mouth. If they have an eating disorder, sending them to a nutritionist and teaching the child a better eating pattern is more important than trying to get the other parent to act responsibly (good luck there). Also, your finance can go to the school, talk to the teachers, and make the child do homework when he has the child who is failing. Tell your fiance to focus on what he can do to help. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.