How canI prove that my husband is an unfit parent?

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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 10 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.


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