Legal Question in Family Law in Oklahoma
what determines an unfit parent?
My ex has custody of my two children. She has a debilitating disease(which often makes her unable to care for them) and gives my 9yr old her presription pain killers.I am afraid she has become addicted. My 7yr old ran away from home because she says she's tired of their fighting and wants to live with me. What determines an unfit parent?
1 Answer from Attorneys
Re: what determines an unfit parent?
A parent is unfit if they are unable to provide a safe, healthy, and nurturing environment for their child(ren). Although it sounds like your ex is unfit, you don't have to prove she is unfit to obtain custody. All you have to prove is that there has been a change of circumstances since the Decree was entered and that it would be in the best interests of your children that custody be awarded to you. In other words, it would be better for the kids to live with you than your ex.