Determining what makes an unfit parent revolves around many variables. The biggest indicator though is their inability to provide a safe and stable environment for the child. In family law, particularly in child custody cases, the determination of parental fitness is a critical factor. This is what the courts will consider to help ensure the welfare of the child. However, it’s important to know it’s not always as simple as stating someone is unfit. Here, we’ll discuss the criteria and some of the legal implications that can occur if a court deems a parent unfit.
Legal Definition of an Unfit Parent
In Oklahoma, an unfit parent is one who fails consistently to provide the child with adequate care, supervision, education, and nurturing. Further, courts in Creek County use several criteria to assess whether a parent is unfit. The court does not make this determination lightly and bases it on evidence that the parent is dangerous to the child’s welfare. Evidence may include testimony from witnesses, DHS investigations, and medical evidence. Ultimately the court is the one who decides custody matters, but DHS also plays their own heavy role. A court is less likely to listen to a parent over a thorough DHS investigation that has made a determination of abuse or neglect.
Criteria for Determining Unfitness
The following are key factors the courts in Creek County use to determine parental unfitness:
- Abuse or Neglect: This includes any physical, sexual, emotional abuse, or severe neglect of the child. Physical abuse might involve hitting or other acts that cause physical harm. Neglect might involve failing to provide necessary food, shelter, health care, or supervision.
- Substance Abuse: Use of substances that impair their ability to fulfill parental duties or puts the child at risk.
- Mental Health Issues: Significant mental health issues that are not managed and either do or could harm the child.
- Criminal Activity: Involvement in criminal activity, especially that which directly impacts the child or the child’s quality of life.
- Abandonment: If a parent shows a lack of interest or abandons the child, this can be evidence of unfitness. Abandonment is often characterized by an absence from the child’s life and a failure to provide financial support.
While these are just some of the factors, the court considers all aspects of the situation before making their decision. An unfit parent may lose physical and legal custody of their child. The other parent may get sole custody or, if both parents are unfit, another guardian such as a grandparent. Additionally, an unfit parent can face restrictions on visitation, or in severe cases, be denied access to the child altogether.
Legal Ramifications of an Unfit Parent
There are many legal consequences that a parent can face if they are deemed unfit. One of these things could be having child abuse as well as neglect charges against them. When this occurs, a parent will usually lose custody of their child. In these circumstances, it could be permanent or temporary depending on the severity. Sometimes, a parent may complete what are known as “standards” through DHS that would allow them the potential to reclaim custody. Ultimately, the courts never want to remove a child from a parent, but will if it is necessary.
Alternatively, for a parent that is seeking to remove rights from a parent, documentation is everything. Simply insisting that a parent is unfit is not enough to legally remove a parent from the life of a child. If you have evidence of abuse or neglect by the other parent, you must report it. Failing to report it could put you in a situation where you could have a failure to protect against you. As a result, you and the other parent could lose custody and the child ends up in the care of the state.
Creek County Child Custody Attorneys
If you’re facing accusations of being an unfit parent, seek legal representation immediately. A qualified child custody attorney can help you understand the allegations against you, gather evidence, and represent you in court. Additionally, if the accusations involve behaviors such as substance abuse, seeking treatment can demonstrate your commitment to improving your fitness as a parent. Failing to report abuse is also a demonstration of being unfit, and comes with its own set of legal issues.
If you are unsure of what to do in your situation, consult with one of our family lawyers. We can walk you through what needs to happen to protect your child. Facing allegations of being an unfit parent can haunt you, but our team at Creek County Attorneys will fight to protect your parental rights and will provide the best possible legal strategy for your case. Call us now at 918-209-3709 for a free and confidential consultation or ask a legal question here.
