Child Custody: What Exactly Is an Unfit Parent in the Eyes of the Law?

If you believe your ex-spouse is an unfit guardian for your child and want to prove it in court, Betz Law Firm is here to support you in the legal process.

Most parents seeking child custody want what is best for their children. Unfortunately, there may be situations when the parent may not be deemed fit to have custody of the child. This article explores common situations when a parent may be considered unfit in a child custody case. 

Don’t Have a Good Track Record of Looking After the Child’s Welfare

A parent may be deemed unfit in a child custody case if they don’t have a good track record of looking after the child’s welfare. This goes beyond simple caregiving, such as getting the child to school on time and ensuring they are fed; it’s about understanding what the child needs to thrive psychologically and emotionally.

Have a History of Child Abuse

Child abuse can take many forms, including physical abuse, emotional abuse, neglect (not providing basic needs), and sexual abuse – all of which are unacceptable and destructive to a child’s well-being. If it’s determined that a parent has abused their child in any way, then they will likely not be allowed to take custody of the child. This applies to active instances of abuse and any prior history of such behavior from the parent.

Have Issues With Alcohol, Illegal or Prescription Drugs

It should go without saying that any substance abuse—alcohol, illegal drugs, or prescription drugs —can severely impair someone’s judgment and ability to care for a minor. If there’s evidence that a parent is consistently under the influence of drugs or alcohol, they could likely be determined to be an unfit guardian.

Have Been Physically Abusive To the Other Parent, and the Child Witnessed It

Physical abuse between parents can create an intensely traumatic environment for children, even if they are not directly involved in such disputes. Witnessing such events can lead to severe emotional trauma due to feelings associated with helplessness and fearfulness. The court recognizes this fact and will often deem the abusive parent unfit for child custody.

Do You Believe Your Ex-Spouse is Unfit For Child Custody?

If you believe your ex-spouse is an unfit guardian for your child and want to prove it in court, Betz Law Firm is here to support you in the legal process. Contact us today and take the first step toward protecting your child.