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Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. We can still accommodate in person meetings as well, while being mindful of social distancing guidelines.

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. We can still accommodate in person meetings as well, while being mindful of social distancing guidelines.

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. We can still accommodate in person meetings as well, while being mindful of social distancing guidelines.

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What constitutes an unfit parent in the eyes of the law?

On Behalf of | Jun 28, 2023 | Child Custody |

When deciding child custody matters, the court’s primary concern is the child’s best interests. Therefore, if a parent is deemed unfit, a judge may reduce or limit their interaction with the child. 

But, what exactly constitutes an unfit parent in custody proceedings?

A number of factors can be considered

While there is no fixed criteria or standard to determine a parent’s unfitness, various factors centered around the child’s well-being may come into play. They include:

  • Abuse and neglect
  • Level of parental involvement
  • Interference with the child’s relationship with the other parent
  • Substance abuse
  • Domestic violence
  • Mental health concerns
  • Failure to provide financial support
  • Attitude and relationship of the child towards each parent
  • Criminal behavior

It is worth noting that the court will consider any other relevant factors depending on the unique aspects of every divorce. Ultimately, the aim is to ensure a parent can provide the necessary guidance, care and support before determining custody.

Circumstances may change

Court-issued custody orders are not permanent, and a judge may make the appropriate changes to suit the present. Either parent can seek modifications if there has been a substantial change of circumstances since the orders came into effect. 

For example, if a parent previously deemed unfit due to substance abuse has successfully undergone rehabilitation and no longer poses a threat to the child’s well-being, the court may allow them to reintegrate into the child’s life. 

Similarly, a judge can modify existing custody orders if the situation changes and a parent is no longer up to the task.

Protect your parental rights

The court’s decision during child custody proceedings may have a far-reaching impact on your parent-child relationship in the years to come. Therefore, it helps to present a strong case.

Whether it’s dealing with false allegations made against you or proving your ability to discharge parental duties, the necessary guidance during this crucial process can make a huge difference and help protect your place in your child’s life.

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