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How can a court declare someone an unfit parent?

On Behalf of Cullen Family Law Group | Mar 30, 2018 | Child Custody |

Threatening your relationship with your children is one of the worst things your spouse can do to you during a divorce. Unfortunately, it isn’t that uncommon for one spouse to swear that he or she will gain full custody by any means necessary. You may even hear your spouse declare, loudly and to anyone who will listen, that you’re “unfit” to be a parent.

Fortunately, what your spouse believes isn’t that important. What’s important is what the court believes — and family courts aren’t usually in a hurry to sever the parent-child relationship. In order for your spouse (or ex-spouse) to get a court to declare you an “unfit parent,” there has to be substantial evidence of at least one of the following things:

  • You have made no attempt to stay in contact with your children and provided no support. Actually having contact with your children isn’t necessary. If the other parent blocked your attempts, you can’t be considered unfit.
  • You physically abandoned your children to the care of others for some reason.
  • You repeatedly abused or neglected your children. Even if you made a serious mistake as a parent, the court won’t generally declare you an unfit parent for one incident unless it is extreme.
  • You sexually abused your children or were convicted of other sexually-related offenses.
  • You have a chronic mental illness that is not treatable and it prevents you from acting as a parent to your children.
  • You have a long-term drug or alcohol addiction that interferes with your ability to parent.

In addition, the court is not going to simply accept your ex’s word for the situation.

In other words, if your spouse goes into court to allege that you are mentally ill, he or she had better have proof not only that you are mentally ill but that the illness prevents you from taking proper care of the children. If, for example, you suffer from bi-polar disorder, that doesn’t automatically make you an unfit parent. If you take medication, get therapy and generally manage to be a good parent, the court takes that into consideration.

Don’t let your spouse scare you into giving up your custody rights with threats. It takes a lot more than words to convince a judge that a parent is actually unfit.

Source: childwelfare.gov, “Grounds for Involuntary Termination of Parental Rights,” accessed March 30, 2018

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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