Failure to visit, provide support, or incarceration are other examples of grounds for being found unfit. When parents of California divorce, they typically have more to deal with than childless couples. Unfit parents are those who have neglected or otherwise maltreated their children or place them at risk of harm. What constitutes unfit parenting varies from one jurisdiction to another, and the definition is purposely left vague. Proving a parent is “unfit” rises to a much higher level than a parent alleging a child is fed junk food while in the care of the other parent. 1) People become foster parents because they are unfit for any other job. Factors Determining Whether a Parent is Unfit. This can come in various forms including witness testimony, police reports, school reports, and other sources. Blogger at AnUnfitParent, Cadre Writer at BLUNTMoms and contributor to MockMom As a legal matter, the question of a mother’s “fitness” arises in cases where the custody of one or more child is in dispute. If one or both of the minor’s parents have substance abuse problems, are involved in criminal matters, are found to be abusive, or otherwise unfit, the Juvenile Court can terminate one or both parents’ rights. They look to establish whether the child is safe, and if a parent’s lifestyle is in any way negatively affecting the child’s well-being. California family law courts focus on what is best for a child. It’s important to understand the difference between physical and legal child custody in California. Parents that are separated or divorced can seek custody of their child based on these laws. I know a case where the foster parents, after adopting, miraculously moved from the worst neighborhood to one of the best. Prev Post; Next Post; In California and across the country, family courts operate to protect the best interests of children in divorces, custody disputes, and other family law matters. Joint legal custody is very common in California. An unfit parent. – the parent has a problem with alcohol. In order to deem a parent unfit, the court first needs to be provided with sufficient evidence in support of such accusations. If the other parent blocked your attempts, you can’t be considered unfit. Connect with your friends, check on news, and play farmville so much and love it so much that you would kill your child over the game. The fact that parents share joint legal custody, however, does not necessarily mean they will share joint physical custody. Her reason? Posts about excessive partying or illegal activity (such as drug use) will most certainly be taken seriously by the court. Also, courts may also examine the mental health and physical state of the child as part of the analysis. Code § 3085.) Code § 3003.) Every state has a different standard for what constitutes an unfit parent. Focus on how awarding you sole custody will help the child’s physical and mental well-being. You need to do your research and keep these standards in mind as you build your argument that the other parent is unfit. California Law >> >> Code Section Code Section. Here are a few examples of how to gather evidence when dealing with substance abuse, child abuse or neglect. 55 talking about this. 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. How to Prove a Parent Unfit. This past month we have found out her mother has allowed to get body piercing (without us knowing), go to parties and drinking alcohol. Before a parent is deemed unfit, the party trying to show the parental unfitness (usually the other parent) will present supporting evidence. Fam. 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