Keep reading to learn how the courts determine if a parent is unfit for custody.
Most parents want to spend as much time as possible with their children. However, this is not in the child’s best interest in some situations.
There are situations where parents may be unfit for custody of their children. If you are dealing with this situation, seeking guidance from experienced child custody attorneys is essential. In Maryland child custody cases, judges always prioritize the child’s best interests. The court won’t penalize a parent for being imperfect, but they will deny custody if they believe a parent’s actions are putting a child in harm’s way. Determining if a parent is not fit for custody is a judge’s decision, but they will consider various circumstances and factors. Keep reading to learn how the courts determine if a parent is unfit for custody.
What is Considered an Unfit Parent?
If parents are unable to agree on a custody order, the judge cannot deny one parent the right to spend time with their child based on allegations. Evidence must be presented, which may include a custody evaluation to determine whether a parent has the potential to endanger the health or well-being of a child.
Abuse or Domestic Violence
The court will evaluate each domestic violence claim on a case-by-case basis to determine if it will impact a parent’s ability to care for their child. The court will consider whether the child was abused or witnessed domestic abuse, how often it occurred, and the specific circumstances surrounding the acts of violence. A child custody evaluator may be appointed to investigate any allegations, which will include a search of Child Welfare Services’ cases to determine whether a parent has previously been accused of abuse or neglect.
Alcohol or Drug Abuse
If a parent has a history of substance abuse and has not sought treatment, they may be considered unfit to care for their child. A parent who is actively abusing alcohol or drugs may quickly jeopardize the mental and physical health and well-being of the child. In these situations, courts may consider a parent with an addiction to be unfit to care for their child.
Mental Health Issues
Having a mental health condition does not prevent anyone from being a parent or sharing custody of a child. However, when that condition is untreated and becomes a risk to the child’s welfare, the court may consider that – at least until the parent receives psychiatric treatment and appropriate medication.
The Right Lawyer Can Make All the Difference
Hiring a lawyer should be the first thing you do when encountering any legal matter, not a last resort. Whether you’re thinking about a separation or divorce or have been charged with a crime, been injured in an accident, or your civil rights have been violated, you need to first know your rights. Contact Mike Mastracci today at 614 Edmondson Ave Catonsville, MD 21228 (with satellite offices in Ocean City, Snow Hill, and Salisbury, Maryland), 410-869-3400, and check us out on Facebook.