Spouses who are in the process of getting divorced or contemplating a divorce deal with various familial factors under the state’s family law, including child custody. All the different areas of child custody can be overwhelming, especially when there is an issue of determining the parents’ ability to provide appropriate child care.
If you need understanding about what makes a parent unfit, how child custody works, or you may be concerned about making sure that your arrangement reflects your interests, California court provides a complete legal guide for dealing with child custody cases. And, a California family law attorney covers all of the foundations, from simple custodial parent and child custody cases to complex legal issues.
Factors That Make A Parent Unfit: Understanding What the California Court Is Looking For
The word “unfit” is defined as having inadequate requirements and essential functions necessary for taking care of a child’s well-being. If the parent’s capacity to provide for their own basic needs is impaired, they are deemed unfit to care for the child/children. The court is responsible for protecting the child/children’s welfare and the parents’ rights to make decisions for them. This means that the court must determine whether the parent/ guardians can provide for the child’s needs and secure their future.
Circumstances in California that Make a Parent Unfit for having Child Custody
Usually, when a parent has to be determined unfit for having child custody, certain factors are used to assess their incapability to take care of a child’s welfare, such as being under the following circumstances:
- History and evidence of abuse or violence
- Lack of involvement in the child’s life
- Incapacity to provide financial support
- Having an existing mental illness
- History of an extremely hostile relationship with the child
When the court determines that a parent is unfit, the court will decide on the child’s best interests. Ultimately, the court always makes sure that the child’s best interests are met. Even though the court will want to ensure that both parents can care for their child, it doesn’t change the fact that the child should be under the most suitable care until they reach legal age.
California Family Law on Child Custody
The California court will assign a judge to hear the case and render a custody and visitation order. Custody is defined as having the right to decide about the child’s welfare and having parental rights and responsibilities regarding the child. A judge may grant joint legal custody, sole custody, or full custody to parents fit to the court’s requirements.
California Family Law Attorney
California’s child custody laws aim to ensure that children live in safe environments and are not harmed by their parents. For this reason, it is extremely important to hire an experienced attorney to help you get through the court system. The process can be time-consuming, expensive, and emotionally draining. You will need to have a comprehensive understanding of the family law, what makes a parent unfit, and the legalities involved in making custody and visitation court orders. It is essential to retain an attorney who knows the local child custody laws and helps parents with crucial legal decisions.
A qualified attorney’s experience will give you the confidence you need to move forward with your child custody case. Contact us here today to request a consultation!