Don't focus on what you may think is "unfit"; focus on what is truly best for your child. Starting the process couldn’t be more simple! – the parent has a problem with alcohol. The California law, the court averred, strikes "a balance between the child's interest in the grandparental relationship and the right of the parents to rear their own child as … See Fla. Therefore, if you can prove that a parent is unfit to properly raise your child, you can encourage the court to rule in your favor. Ah yes this is Alexandria Tobias. Code § 3085.) Factors Determining Whether a Parent is Unfit. 2. Review the laws of your state. This past month we have found out her mother has allowed to get body piercing (without us knowing), go to parties and drinking alcohol. The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. Even if you made a serious mistake as a parent, the court won’t generally declare you an unfit parent for one incident unless it is extreme. They have to figure out matters like child support, child custody, and visitation rights. When parental rights have been terminated, the government becomes the legal custodian of the minor child. California family law courts focus on what is best for a child. However, if you feel strongly that the other parent is unfit, it is important that you make the court aware. Stat., s. 39.806. Code § 3003.) Co-Parenting Skills. Aside from physical abuse what other factors are considered. The woman is 46 yrs old and has never worked more than 3 yrs in a row, and never earned enough to rent a room and support herself. Every state has a different standard for what constitutes an unfit parent. In order to deem a parent unfit, the court first needs to be provided with sufficient evidence in support of such accusations. If you are concerned that your child may be harmed in the company of your ex-spouse, you must consult with an experienced child custody lawyer to help you petition for the protection of the child. In this consideration, the judge will have to evaluate whether the parent is responsive and sensitive enough to the child’s needs. Before a parent is deemed unfit, the party trying to show the parental unfitness (usually the other parent) will present supporting evidence. The fact that parents share joint legal custody, however, does not necessarily mean they will share joint physical custody. Let’s take a closer review of the main factors below. Parents that are separated or divorced can seek custody of their child based on these laws. Another important consideration is the parent’s ability to communicate with the child. California Law >> >> Code Section Code Section. A parent who will buy herself an expensive designer handbag while her kids wear second hand cloths. To properly address this factor, you can simply provide proof that a parent does not appropriately make quality parenting decisions. Also, courts may also examine the mental health and physical state of the child as part of the analysis. What constitutes unfit parenting varies from one jurisdiction to another, and the definition is purposely left vague. Encourages her to have boyfriends. Take a look at our page for more information on child custody laws in California. California courts must also consider which parent is more likely to encourage a positive relationship, including frequent and continuing contact, between the child and the other parent. It’s important to understand the difference between physical and legal child custody in California. 3. 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