Divorce can hugely impact the children of the couple that is separating. An important thing to remember is that the court has a duty to provide custody based on the best interests of the children involved. Moreover, no parent is perfect, and a few imperfections would not mean the parent does not get their rights. However, if a parent is proven to be unfit, then the court may limit the parent’s interactions with the children. Talk to a Madison divorce lawyer to know more.
What is the definition of an unfit parent?
In legal terms, an unfit parent is a parent who does not have the conduct to provide the proper care, support, or guidance that a child needs. Child Welfare Services are usually involved in unfit parent cases.
What factors are considered in deeming a parent unfair for custody?
Certain factors must be considered before the evaluators can deem a parent unfit for child custody. Some of these factors are:
Setting appropriate limits based on the children. age
Does the parent set age-appropriate limits on the child? The limits a parent sets on children of the same age may vary, but it is a bad sign if a parent allows any form of extreme behavior. Both parents should make joint decisions on what is allowed in the household.
Understanding the child’s needs and responding to them
A child has their own needs and should feel heard and cared for inside their home. A parent should be careful of the child’s needs.
History of involvement with childcare
Both parents should have a reliable track record of caring for the child’s welfare.
How do they resolve the conflict of child custody with the other parent?
The evaluator may also consider how cooperative the parents have been throughout the divorce process.
It is a bad sign if the Child Welfare Services has been involved with the family a lot. The evaluator will examine whether the parent has a record of child abuse.
Some other factors can play a role in whether the parent is deemed unfit or not, such as:
- Domestic abuse
- Substance abuse
- Mental illnesses
- Social functioning
- The child’s attitude toward the parent
Schedule a consultation today and explore your legal options
If you are considering a divorce, do not waste any more time. Get in touch with an experienced divorce attorney today and get the legal help you deserve.