Can your son petition the court to change which parent has physical custody?
You haven’t identified the parties clearly. If your son is a child he cannot petition a court for a change in custody. If your son is an adult who wants custody of his child then he can petition for custody. The court will schedule a hearing and the respective parties will be herd. If the mother has custody the father will need to show compelling evidence that she is an unfit parent and the child would be better off with the father. 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 or otherwise incompetent person .
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 .