What Makes a Parent Unfit in a Divorce?

In California, an unfit parent is a legal term best defined as “a parent who, through their conduct, fails to provide proper guidance, care, or support to their child.” In extreme cases, such behavior may entail other harmful parenting practices, such as neglect, child abuse, or substance abuse.

If you’re worried about the court’s child custody decision during your divorce proceedings, you’re not alone. Many parents find themselves overwhelmed with fear, stress, and concern for their child’s wellbeing during a divorce. Rest assured that at the end of the day, both you and the court (and ideally the other coparent) share the same goal: to determine what is in the best interests of your child.

Whether you have concerns about how your own parental image will be construed in court or are worried that the other coparent isn't fit to care for your child, there are ways to prepare yourself for whatever lies ahead. Keep reading to learn how the California courts determine if parents are unfit to receive custody in a divorce.

6 Factors Family Courts Use to Decide if a Parent Is Unfit

It’s normal for tension and mistrust to create friction between divorcing parents, especially when the court is determining child custody. Regardless of any ill will between coparents, the court’s duty is to conduct an unbiased evaluation of each spouse’s ability to parent their children safely and effectively.

In the event that one parent is determined to be unfit, the judge will likely award custody to the other spouse. There are various factors that the courts can take into account when determining child custody.

Consider the following 6 things that can make a parent unfit in a California divorce:

#1. The parent doesn’t demonstrate a functional relationship with the child.

Defining “good” parenting can be tough, as every family is unique and brings a diverse set of experiences, backgrounds, and beliefs to the table.

However, there are basic skills that all parents must be equipped with, regardless of parenting style or preferences, to meet their child’s needs. For example, a suitable parent should be able to:

Identify their child’s needs and respond to them
Identify behavioral changes that may indicate a cause for concern
Communicate with their child in a way they understand
Maintain a functional relationship with the child that makes them feel heard and understood

The court will want to ensure that the parent is sensitive to the child’s needs and responds to them in a timely manner.

#2. The parent doesn’t make age-appropriate decisions for their child.

The court will likely evaluate whether a parent sets healthy boundaries and age-appropriate restrictions in the household. For example, taking a child to an R-rated film at the movies may not be an ideal choice.

While it’s normal for parents to disagree on certain specificities when it comes to rule-setting, there must be a foundation in place to keep the child safe and prioritize their physical and emotional health.

It may be tempting to be the “cool parent” by letting your child stay up late, play M-rated video games, or not have a bedtime, but this may indicate to the court that your parenting isn’t suitable for the child’s best interests.

#3. The parent’s living conditions aren’t suitable for the child.

Living conditions often come into play when determining child custody in a divorce. In some cases, one parent may continue living in the family home while the other moves into a new dwelling.

The judge might decide that it’s best for the child to stay in the family home to maintain a sense of normalcy and structure. Sometimes, the court may determine that a parent’s new living arrangement isn’t suitable for the child for various reasons. Maybe the dwelling is located in a high-crime area or shared with other adult roommates.

Whatever the case, the judge will consider whether the parents’ living arrangements are safe and healthy for children.

#4. There is a history of child abuse.

This factor may be the most challenging to overcome in court, as a coparent with a history of child abuse is highly unlikely to receive custody of the child. Likewise, if a coparent routinely engaged in acts of domestic violence in the presence of the child, this will also play a significant role when determining child custody.

Generally, it’s safe to assume that a parent with a history of child or spousal abuse may receive occasional visitation rights at most.

#5. The parent has a history of substance abuse or addiction.

A parent who struggled with substance abuse or addiction at any point will be scrutinized closely during child custody decisions. Even a spouse who is currently clean will need to provide evidence of long-term sobriety to the court, otherwise they may risk custody and visitation rights.

If the parent can prove long-term sobriety but presents a history of relapse, the court may take this into consideration as well. While it may seem harsh, the judge wants to ensure that the parent will not pose a danger to the child in any way, such as by exposing them to addictive behaviors and/or illicit substances.

#6. The child has a preference.

If the child is older, they may be developed enough to express an opinion regarding their living arrangement. If the child prefers to live with one parent over the other or has other preferences, the court will likely take the child’s wishes into account when determining custody and visitation rights.

Compassionate Representation for Parents in San Diego

Divorce can be complex, stressful, and time-consuming. Fortunately, our compassionate family lawyers at Family Law San Diego bring over 200 years of combined legal experience to best serve our clients.

If you’re preparing for divorce, you deserve collaborative legal representation that will never lose sight of your family’s unique needs. Our skilled San Diego divorce attorneys are committed to providing customized legal solutions by making your personal goals our own.

We make it a point to be approachable and understanding while empowering our clients to make the best choice for their personal circumstances. Don’t wait to start building the better future you deserve. Reach out to our office to learn how our dedicated family law firm can help you protect what matters most.

Filing for divorce in California? You deserve effective, compassionate legal representation in court. Call our firm at (619) 577-4900 or contact us online today to request a free consultation.