The family courts recognize that parents may have shortcomings in child-rearing. Child custody is a delicate matter that requires carefully ensuring the well-being and security of the child with either parent. The family courts emphasize the best interests of the child as the primary aspect when deciding custody arrangements. In situations where the parent is deemed not fit for custody, the courts follow some specific criteria. Milwaukee divorce lawyers suggest five factors that the court uses to determine if a parent is not fit for child custody during divorce.
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Determining Factors: A Parent Unfit For Child Custody
Listed below are a few determining factors if a parent is not fit for child custody during divorce:
1. Intentions About The Parent’s Actions
The courts usually judge parents who purposely keep their kids in an entirely different manner in comparison to parents whose actions unknowingly or indirectly affect the child’s health. The parent with an intention of putting your child in a potentially dangerous situation shows an insensitivity. In other words, deliberate actions tend to be the cause of an indictment of unfitness.
2. Domestic Violence
A physical or emotional assault directed toward one parent or another family member could result in the loss of custody. This is especially the case when the child is a witness to the violence. Seek help from local domestic abuse services if your child is suffering abusive circumstances.
3. Mental Health Issues
A psychiatric disorder could be considered in determining if the parent is not fit for child custody during divorce. The court will consider whether the specific mental illness is posing any risk to the child’s well-being and health.
4. Parental Alienation
There are situations when a parent may try to negatively influence the child that may affect the child’s relation with another parent. The courts may consider all such behaviors that could determine the parent’s unfitness for having child custody.
5. Abuse That Involves Drugs and Alcohol
These conditions may negatively impact the ability of a parent to ensure a secure environment for their child. Such abuse may hinder the parent from fulfilling his requirements and may pose harm to the child. Thus, the court might consider these details when determining if a parent is not fit for child custody.
Conclusion
We tried our best to cover every relatable aspect of determining if a parent is not fit for child custody during divorce. While family court proceedings may be time-consuming and frustrating, it is essential to approach the proceedings with a sense of respect, patience, and determination to find the most effective outcome for your child.
