The unfit mother legal proceeding arises from the outdated tradition that a mother should get child custody unless she is “unfit.” Today, any parent can have custody or be deemed unfit to raise a child, irrespective of gender. However, these lawsuits are still generally referred to as unfit mother and sometimes unfit parent legal proceedings, to accommodate the father.
With this lawsuit, a court determines a mother’s ability to raise a child based on different criteria or factors. In other words, one parent can’t label the other parent as unfit in raising a child, as a ploy to gain sole custody. There has to be logical proof or evidence of unfitness, as acceptable by the court.
Also, custody laws require the court to determine the child’s best interest as a standard for awarding custody. While it’s beneficial for a child to have a relationship with both parents, no court will grant joint custody if it’s unfavorable. If you have concerns about your child custody suit, meet with the best family lawyers Media PA, to discuss your case.
How the Law Defines an Unfit Parent
Every state has a definition of what an unfit parent is, and in Pennsylvania, there are three categories of an unfit parent.
Parents with Substance Abuse Issues
If one parent accuses the other of substance abuse or addiction, a court will order screening for both parents. Any parent struggling with addiction issues will have to prove that they’re actively pursuing treatment to help their chances of gaining custody. A judge will consider a parent with a history of addiction, but with long term sobriety and no history of relapses as fit.
Parents with a Record of Domestic Abuse
If there’s a claim of domestic violence from one parent, the court will order an investigation to determine if it’s true. There are trained professionals and evaluators that can help spot cases of abuse in families. A court won’t favor a parent with a record of domestic violence or child abuse. If at all, the parent may only get supervised visitations.
Parents with Severe and Untreated Mental Health Issues
Having a mental illness alone isn’t sufficient to deem a parent unfit. However, if it’s an aggressive mental disorder, the court may consider it as a risk to the child. The court will request proof of mental health care such as therapy and counseling, before determining if the parent is fit.
Proving or Challenging Unfitness
The court will address parental unfitness and the best interest of the child before concluding. If you think your ex-partner is not fit to have custody, you can present the court with evidence to back your claim. You can provide witness testimonies, police reports, hospital records, pictures, and the child’s testimony.
Similarly, if you are the parent disproving unfitness, you’ll have an opportunity to provide your evidence. False claims of unfitness can backfire, as the court sees it as an attempt to engage in parental alienation. However, both parties can help their cases with the help of family lawyers in Media, PA.
Unfit parent lawsuits often arise when one parent thinks the other shouldn’t gain custody. This proceeding may result in loss of legal custody, physical custody, and visitation rights. If you’re going through an unfit parent situation, the best family lawyers in Media, PA, can help you win your case.