How can the father of a child get custody from an abusive mother?

Answer 1

speak to someone at the Children's aid society, or to the police, local hospital, and have the abuse documented. It all depends if she has sole custody or it's joint custody or even if the two of you are together. It is beneficial that if nothing can be done immediately that at least it's documented. Maybe threaten her that if it doesn;t stop you will go to the authorities. She needs help and it must stem from something in her past, that she would keep the cycle of abuse going. She may not want to be abusive but it's all she knows. She definitely needs councilling to reverse this behaviour, and learn some new techniques. Raising a child right is the hardest thing one will ever do. Kids really can try your patience and you constantly have to find new and creative ways to discipline them. I was hit and abused when I was a child and unfortunately that was common back then. When we know better, we (should) do better. In our city, we have a local Health Department that would be able to answer this question and steer someone in the best direction. If it's life threatening then go to the police immediately.

Answer 2

Yes. The court can order it. Or child services can take the child from the abusive parent (by court order) and the other parent can file for custody. But it won't happen "out of the blue" without evidence. If there is gross abuse and it can be seen by any "casual observer" here, then social services can remove the child immediately. Someone will have to "prove" abuse, though. It is not enough for the "other parent" to make claims. Even if they are true, in cases of dispute, the claims will be looked on with some suspicion. And you can see why. (You'll have to accept that, so do so, and then move on to the real issue.) Consult a professional. They are free or relatively inexpensive, at least upon an initial visit. If the issue is important (and it sounds like it is), it is worth it. But it is critical above all that the claims be accurate and be substantiated by someone. Unless the child comes forward with a claim (and injuries or the like), someone "outside" will have to come up with the things that can be used in evidence to show abuse. Be clear about what kind of "abuse" is taking place and look into how to prove it. Oh, and yelling at your kid is not abuse; it is parenting, and parents sometimes yell. Make an honest review of the facts and also what is going on inside you, and then proceed from there. And above all, look at things from the child's perspective. Honestly. The best interests of the child should always be put first, and they too often are set aside by an angry or bitter parent or parents as they struggle to "make the other party pay" for real or imagined grievances. Take that hard and honest look at the situation and be clear about what is going on from the child's point of view before you fly into righteous indignation. It's a bit of an uphill battle, and you need to line all your ducks up to fight this. Best of luck sorting this one out.

Answer 3

It would need to be demonstrated that she was no longer providing a healthy and safe environment for the children. Courts are very reluctant to do this in practice, because no one wants to take kids away from their mom, but it happens.

Answer 4

Yes. As long as the father is not also deemed to be unfit.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child