For a father to prove the mother is unfit is very hard and based on what you said she is not and will probably be able to explain(lie) about all those incidents you mentioned, the best thing to do is to prove how good of a father you are and whats best for the children, the first thing you should do is get temporary joint custody but by doing that it might bring up child and spousal support but it can also state that she nor you is to have the opposite sex overnight visits whe the child is with either of you.
Greetings. You are not trying to prove that she is unfit, but instead that it is in the best interests of the minor children for them to live with you and that you can provide a better life for them. Focus on the children and not her, and your case should come together. 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.
What determines a mother unfit, in the court’s eyes, in NC? She doesn’t do drugs nor is a criminal, but I have some neglect on her and some poor judgement, such as having the children in 3 different schools in one month, fleeing NC to OH, living with her unemployed parents in a 3bedroom/2bath house with her two sisters, live-in boyfriend, and my 2 children (total of 8 in a 3bdrm home) and a lot of parental alienation and refusal to allow the children to spend time with their father even after she promises them they are going to. I have much of this on tape. Also, she is employed, her live in boyfriend is employed, and I pay a lot of child support, but for months now, she is still living with her parents and has no transportation of her own, nor does her boyfriend. I am really nervous as to what else I may need to prove her unfit. Any opinions or suggestions out there?