Outdated parental stereotypes understandably leave many fathers worried about losing fair access to their children during custody proceedings. If the question “What makes a father unfit for custody in California?” has come to mind, consider speaking with a Pasadena child relocation attorney about your circumstances and what your next steps should be.
Factors a Family Court Judge Looks at in Child Custody Cases
Judges in family court cases always prioritize the child’s well-being and strive to reach a custody agreement that can achieve that objective. In order to accomplish this, the court will take all relevant factors of the case into consideration. The judge will look into each parent’s job or other source(s) of income and their financial standing, living arrangements, mental and physical health, ability to care and provide for their child’s needs, and relationship with their child.
The family court must also consider whether either parent has a history of criminal behavior, especially any instances of domestic violence and child abuse or neglect. Judges are often hesitant to give significant rights to a parent who may expose their child to a dangerous, harmful environment. Included in evaluating a parent’s mental health, the court considers any past issues with substance abuse, including excessive drinking and abusing prescription or illicit drugs.
Potential Reasons a Parent May Be Seen as Unfit by a Custody Judge
Family courts take all factors of a child’s upbringing and environment into consideration. For a judge to determine that a parent is unfit for custody or only grant them restricted visitation rights, there must be severe or several factors that give the court cause for concern regarding the child’s welfare and interests.
These are some circumstances that can potentially influence a judge’s ruling on a child’s custody and whether a parent may currently be unfit for significant custody rights:
- A parent has shown little evidence that they are able to consistently provide and/or care for their child. Examples include undergoing frequent bouts of unemployment or losing jobs, lacking a stable residence of their own, and limited knowledge of what’s needed for their child’s health (e.g., medical needs, balanced diet, socializing).
- The parent often displays difficulty understanding and responding to their child’s needs. For example, if a child is experiencing stomach pain, an ineffective response would be for the parent to panic without investigating further or making attempts to quell their discomfort.Another example would be if a child expresses a fear of the dark, the parent responds by laughing or brushing off their fear instead of comforting the child or providing a nightlight.
- The individual has frequently placed their parental responsibilities onto other family members or relies too heavily on others, including their co-parent, to ensure the welfare of their child. A parent cannot be absent the majority of the time or not make efforts to have positive experiences with their child, such as bonding through social activities and creating pleasant memories.
- A parent has a history of child neglect or abuse and whether such matters were addressed, such as child protective services getting involved or the parent taking counseling. Included in this are any past behaviors of domestic violence or criminal convictions, particularly of violent offenses.
- A parent has a history of substance abuse or other psychiatric illness and has refused or failed to make proper efforts in treating or managing their issues. A parent who is unwilling or incapable of tending to their own health is unlikely to be viewed by a judge as a responsible, dependable figure entrusted with a child’s custody.
- A parent is unable to communicate or compromise in matters with their co-parent. If a parent is incapable of finding solutions to problems, they’re unlikely to effectively work with their co-parent within a custody arrangement and the potential problems that can arise in managing a custody order.
FAQs
Q: How Is a Parent Proven to Be Unfit for Custody in California?
A: Whether a parent is unfit for child custody or significant visitation rights is determined by the family court judge. The judge will look at all factors related to the situation and the decision if a parent is unfit or not and to what degree is at their discretion. An unfit parent may have an extensive history of worrying, unaddressed behavior or has recently displayed behavior that’s cause for concern in their ability to provide, protect, and care for their child.
Q: What Is an Example of Failure to Co-Parent?
A: Examples of a person failing to effectively co-parent include behaviors such as speaking badly about the other parent to the child, encouraging the child to be hateful or rude to their other parent or other individuals, and continually not respecting boundaries or rules their co-parent has set regarding their child.
Q: What Should I Not Say During a Custody Battle?
A: During a custody battle, it’s advised that you avoid bringing up petty arguments or complaints you have concerning your co-parent and instead only bring up valid concerns about that parent’s past poor behavior or parenting. It’s wise to avoid trying to damage the other parent’s image or capabilities and focus instead on trying to highlight your successes in fulfilling parental duties and the relationship you have with your child.
Q: What Do Judges Look for in Custody Cases in California?
A: Judges will look at numerous factors and details of the parents’ individual circumstances and background in addition to considering each parent’s behavior towards one another and their child.
A judge will look into a parent’s education and job status, their living situation, their capability to make time to spend with their child in addition to other obligations, their history of caring for the child so far, and any history of poorly managed mental health or violent conduct.
Dedicated Family Law Attorney for Your Custody Case
If you require legal counsel regarding any child custody issue, speak to the experienced team at Khalaf Law Group in Pasadena. Our qualified family lawyers are deeply familiar with custody law and can work diligently to acquire a favorable outcome for your case. Reach out to our office to schedule a meeting with a dedicated family law attorney.
