Unfit Parents
An unfit parent determination comes with serious consequences. According to FindLaw, an unfit parent determination often results in the denial or transfer of parental rights, the denial or modification of visitation rights, the termination of parental rights or the third-party adoption of the child. Because the consequences of such a determination are drastic, the courts will only make it after careful consideration of the situation and available evidence.
Defining “unfit”
Every state has its own idea of what makes a parent fit, and what makes a parent unfit. Moreover, judges often have the freedom to use their discretion in making custody determinations, which also gives them the freedom to make unfit determinations based on their own prudence. That said, most state laws provide guidelines for judges to use when they face unfit parent petitions.
For example, Nevada law defines an unfit parent as any parent who, through his or her habit, conduct or fault, fails to provide the child with adequate support, care and guidance. Illinois law provides an extensive list of grounds for parental unfitness. Those grounds include anything that goes against the child’s best interests, such as neglect, abandonment, desertion, extreme cruelty, depravity, child abuse and failure to maintain a reasonable degree of responsibility, concern or interest for the child’s well-being.
The best interests of the child standard
Regardless of a state’s particular definition, most judges are likely to agree that the best interests of the child standard can lend ample guidance when resolving parental fitness disputes. For instance, if living with a parent goes directly against the child’s best interests, the courts have a responsibility to intervene.
