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:
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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.
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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.
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History of involvement with childcare
Both parents should have a reliable track record of caring for the child’s welfare.
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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.
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Child abuse
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.
