You Deserve Justice

Declaring a parent unfit for custody

On Behalf of | Jun 17, 2024 | Child Custody & Support |

Divorce can be an emotionally challenging experience, especially when dealing with child custody issues. Your children are the most important part of your life, and you want to ensure they are happy and well-adjusted, That’s why you might want to fight for sole custody if you believe the other parent is unfit to care for the child. 

While courts typically prefer to grant joint custody, there are occasions when a judge may determine that one of the parents is unfit to have custody of their child. It is challenging to prove the other parent unfit for custody because filing for this in court opens both you and your ex up to scrutiny. Should the battle be prolonged, things can get very personal.

Why a parent may be declared unfit

An unfit parent is someone whom the court deems incapable of caring for their child. This could be due to various reasons, including:

  • Questionable behavior that is proven through photos, videos, texts or voicemails.
  • Medical records, photos, witness statements or police reports proving domestic violence against you and the child.
  • Lack of contact with your child for a prolonged period and/or failure to provide adequate support for them can result in being declared unfit.
  • DUI, DWI or drug arrest records could be used to demonstrate that the other parent has a substance abuse problem.
  • Illness: medical records and certified testimonies from physicians and nurses can demonstrate that your ex-spouse is too unwell to continue custody.

You may also want to gather proof of unsuitable living circumstances maintained by the other parent. These claims relate to:

  • Neglect, including emotional, physical, medical or educational.
  • Abuse that is physical, emotional or sexual.
  • Frequent CPS visits. If your ex has received repeated visits from Child Protective Services, this is a huge red signal for the court.

If you plan to have your ex declared unfair for custody, seek assistance with the process.