Certain fundamental rights and obligations are a part of the special connection that exists between parents and children. After all, the parent is in charge of the dependent child's fundamental existence.
The majority of parents raise their children independently and by appropriate parenting techniques. But not everyone is prepared to raise children. The state may occasionally intervene to safeguard the well-being of the child.
There are serious legal repercussions when a parent is deemed unsuitable, such as child custody issues in Family Court. This article explores the following subjects to address the issue, "What is an unfit parent?"
What Is an Unfit Parent?
When parents are battling over child custody in court or when social services have taken a kid away from a parent, the phrase "unfit parent" is frequently used. There is no one, accepted definition of an "unfit parent" in each of these situations. The phrase has a distinct legal meaning that differs from jurisdiction to jurisdiction. Your lawyer will help you navigate this if you get into trouble.
For instance, a parent may be deemed unfit if they fail to provide their child with sufficient care; food, shelter and clothing and a safe place to live.
There is a long number of instances of parental unfitness recognized by Illinois law, including:
● Neglect, desertion, and abandonment
● Failure to retain an appropriate level of interest in, responsibility for, or commitment to a child's welfare
● Extreme or persistent child maltreatment or cruelty to children
● Depravity is defined by Illinois law as having committed three felonies, the most recent of which were committed during the previous five years, or as having been convicted of certain violent or dangerous offenses.
Who Makes the Call on a Parent's Fitness?
Let's look at two instances when a parent could be charged with being unfit: child custody disputes and requests for child protective services.
Child Custody: One parent may declare the other unfit during a child custody dispute in family court. In their court files, the accused parent would have to present proof of the child's unfitness. The accused parent would then have the chance to refute the charges using their proof, affidavits, and character witness testimony.
An expert evaluator might be commissioned by the judge to undertake an inquiry. The parent would assist the evaluator if they wished to keep custody. The independent assessor would present findings and a suggestion for the child's placement rather than deciding on parental suitability.
The judge may decide to award exclusive custody to the other parent and restrict (or no) visitation for the unfit parent if they are found to be unfit or if the home setting is hazardous.
Child Protective Services: A parent's unfitness may be brought to the attention of the police or CPS. The call may be from a friend or neighbor, or it may be from a mandated reporter like a teacher, a doctor, or a counselor. It may even have been a total stranger who saw the youngster being abused.
Once the police and CPS personnel arrive at the house, they will decide whether there is a need to remove the child. They could take the kid out right away. Following their investigation, an accelerated hearing would be held by the Family Court (or another court with authority in your state, such as a Juvenile Court), usually in less than 72 hours. At the hearing, the parent is entitled to legal representation.
Finding out if the youngster needs care and protection is the goal of such a hearing. The legal repercussions might include the removal of all parental rights if a parent is determined to be unfit in this situation.
Causes a Parent May Not Be Fit
Abuse is typically the first thing that comes to mind when someone is called an "unsuitable parent," however there are other ways a parent might be unfit:
● Mental illness: Many children have a parent who suffers from a mental illness, but when that sickness makes it difficult for the parent to provide for the kid's necessities, the child is put in danger. That parent could be found temporarily unfit.
● Substance abuse: Like with mental illness, many kids have parents who struggle with addiction and substance misuse. They may be labeled unsuitable parents if that issue interferes with their capacity to meet their child's requirements.
● Neglect: Some parents are too preoccupied with their issues to notice that their kids are hungry, dirty, skipping school, etc.
Acts that a Court Might Use to Determine a Parent Is Unfit
Here are some instances of actions that a judge would consider inappropriate for a parent. Remember that while a kid is in their care, both parents have equal responsibility for seeing to all of their requirements and ensuring a safe environment. For instance, mothers and fathers are both equally accountable for changing diapers according to courts and the law.
● A parent who has a history of drug misuse starts skipping visits with the child in the car while under the influence of alcohol.
● A parent leaves an unaccompanied child at home or a baby trapped in a car.
● Having hoarding tendencies, a parent may reside in a dangerously overcrowded home, infested with mice and insects, and lacking working plumbing.
● Because they need the older child at home to look after the younger children, a depressed parent may restrict their child from attending school.
Important Resources
Comments