Understanding The Legal Process

Why Are Some Parents Deemed Unfit?

by Eli Gregory

When trying to determine who will receive custody as a parent, one of the questions that might occasionally come up is whether a particular parent could be considered an "unfit parent." The courts are concerned with what is in the best interest of the child, and the state will have its own criteria for who is considered an unfit parent.

Who Is an Unfit Parent?

Typically, an unfit parent is someone who does not provide proper care, support, or guidance for a child. Even if the child is not abused, if anyone else is abused in the home of the parent, that parent might be considered unfit.

The courts generally do not want to cut children off from their parents and will try to at least make sure that each parent has joint custody. However, if you believe that your child is in danger when in the presence of the other parent, you will want to act quickly to get the courts involved. 

Do You Need a Custody Attorney?

A custody attorney will allow you to gather the evidence necessary to help the courts determine if the other parent is unfit. Evidence can include witness statements, phone calls, text messages sent, and a child custody evaluation.

The courts will use a child custody evaluator to look for factors that will determine whether the other parent is unfit. This includes whether the parent appears to understand the needs of the child, whether the parent sets age-appropriate limits, how the parent handles conflict with you, and whether there is any evidence of violence directed at you, your child, or anyone else in the household.

What Happens If a Parent Is Deemed Unfit?

When a parent is deemed unfit, they will possibly be given visitation as determined by the court. This visitation might be supervised or limited based on any concerns that the courts might have. However, both you and the other party will always be able to appeal any decisions made by the court.

If the judge does not believe that the other parent is not fit, this might lead to the judge instead encouraging joint custody and working with both you and the other parent to create a parenting plan. Therefore, if you truly believe that the other parent is unfit, it is essential that you work closely with a divorce attorney who can help you make a solid case. 

For more information, contact a company like Hart Law Offices, PC.