December 15, 2022
Making decisions about custody-related issues is rarely simple. However, it might make the custody dispute much more difficult if one parent is ill-suited. That said, it may be in the child’s best interest for the other parent to receive exclusive custody if it can be proven that the other parent is unfit.
What Does it Mean to Be an Unfit Parent in Florida?
According to Florida Statute 751.05, the court must determine that a parent has neglected, mistreated, or abandoned a child in order to determine that the parent is unfit. If a parent struggles with mental illness or substance misuse, the parent may also be deemed unfit. The person may only now be experiencing these problems, or they may have a long history with the behavior or disease.
When it comes to mental illness and drug misuse, the court weighs all pertinent information to assess if leaving the child with the parent will put them in a position that could be harmful to them. If the judge grants the other parent or a guardian sole custody, the judge may order that the child has restricted or supervised visitation with the parent.
Factors That Could Result in a Decision of Being Unfit
Abuse or neglect is one of the most frequent grounds for declaring a parent unfit. Abuse can be physical, sexual, emotional, or verbal in many different ways. A child who has been abused may suffer from various bodily wounds, but they may also experience emotional and psychological trauma that may affect them for the rest of their life.
In addition, neglect can take many various forms. This may also occur when a parent does not give their child enough food, clothing, or shelter. Living in a dangerous environment, for instance, might count as neglect. The court may conclude that a parent is ignoring their child if the home is full of pests or poses a health risk.
However, maintaining a filthy home could also lead to the conclusion that you are an unsuitable parent. Vermin, black mold, and other health risks that could come from a dirty home could result in major health issues or injury.
Being deemed unfit as a parent might also result from parental alienation. A child benefits when both parents participate actively in their child’s life and are in good physical and mental health. The child suffers the most when a parent consciously distances a child from the other parent.
A parent who has alienated their child from their family may result in long-term emotional suffering and mental trauma for the youngster. Due to parental estrangement, a child may also experience depression, anxiety, or other psychological issues.
Proving That a Parent Is Unfit
Despite what you may claim, a court may not solely reject your request for custody or visitation. The other parent’s unfitness must be proven to the court. Your accusations must be true, precise, and based on facts.
In such a case, you must present strong proof that your child’s other parent is unfit.
The pieces of evidence may consist of the following:
- Testimony from the child’s friends, relatives, teachers, and other acquaintances
- Testimony from experts such as doctors, psychiatrists, counselors, etc.
- Videos and pictures
- Medical and academic records
- Details of home inspections and visits
- If it supports your case, any proof pertaining to the parent’s behavior or condition that renders them unfit may be presented in court.
Conclusion
Overall, a family court would determine if a parent is unfit by looking at a number of factors. These factors can include the parent’s mental and physical health, ability to care for the child, their possible criminal history, and past behavior. The court will also consider the child’s needs and whether the parent is able to meet those needs. If the court finds that the parent is unfit, they may order that the child be removed from the parent’s care and placed in the care of another relative or guardian.
If you are looking for experienced practitioners who specialize in family law in Jacksonville, look no further than our expertise here at Dorsey Law JAX. Our services include all family law matters from short-term and emergency situations, such as injunctions against domestic violence to process a final divorce and post-judgment modifications of support and custody. Call us today, and let us help you with your current custody dilemma.
