Custody battles can be difficult, especially if one parent is a risk to your child. Here is how to get child custody from an unfit father.
Will I Get Custody If My Child’s Father Is an Unfit Parent?
The primary factor in determining child custody is the child’s best interest. Therefore, if a father is deemed unfit to parent, it is almost certain that the other parent will get custody and the child’s father will have limited or even no interaction with the child.
How To Get A Child Custody Evaluation
Custody evaluations are assessments done by mental health professionals to determine parental fitness and what is in the child’s best interest. In California, they are sometimes called “730 evaluations” or “3110 evaluations”; this refers to the sections of state code that govern them.
Evaluations can be requested by a parent, recommended by a court mediator, or ordered by a judge. Superior courts might have evaluators on staff or keep a list of local evaluators who are registered with the state.
Related: 730 Child Custody Evaluation in California
Factors Used to Determine If a Father Is Unfit
To determine whether a child’s parent is unfit, a professional evaluator will consider the following factors:
1. The Father’s Ability to Make Age-Appropriate Decisions
While parents may not always agree on age-appropriate limitations, if one parent continuously allows the child to partake in endangering situations, this may be a red flag. For example, allowing a 5-year-old to watch R-rated movies on a regular basis or allowing a teenage child to stay out all night with no curfew.
2. Evidence of the Father’s Understanding of And Response to The Child’s Needs
Children need support and care from both parents. It is important that no matter whose household a child is staying at, they can feel comfortable communicating their needs. If the father is not attentive, sensitive, or responsive to their child’s needs, this could certainly be a factor in determining whether or not they are a fit parent.
3. The Father’s Historical Involvement in The Child’s Life
Both parents should not only provide reliable childcare but also should be able to take care of the child on their own. If the father is constantly relying on assistance to care for the child from you or other family members, that could be a red flag in terms of the father’s fitness as a parent.
4. How The Father Handles Custody Conflicts with The Other Parent
Co-parenting is difficult and takes effort from both parties. If the father of your child is constantly belittling you or if every decision turns into an argument, your child may be affected. A lack of positive co-parenting and decision-making can be the basis to deem a parent unfit.
5. Perpetration of Child Abuse
If Child Welfare Services has repeatedly been involved in the father’s household, this could be a sign that he is an unfit parent and should not have custody. The custody evaluator will investigate current and past child abuse perpetrated against the child and any other children. If you suspect child abuse is occurring, it is important to contact the proper authorities.
6. History of Domestic Violence
Even if abuse is not perpetrated against the child, any claims of domestic violence against the father will be thoroughly scrutinized. A child’s witnessing of domestic abuse may be used as grounds to deny custody right to the abusing father. If the father of your child has a history of domestic violence, this may be used as grounds to deem him an unfit parent.
Related: How Domestic Violence Affects Child Custody in California
7. Substance Abuse Issues
If you have evidence that the father of your child has substance abuse issues that are affecting your child, you can obtain a change in the custody order. Even if it is a legal drug such as alcohol or marijuana, substance abuse that impairs the ability of the father to care for the child can cause him to be deemed an unfit father.
8. Psychiatric Illness
A father’s mental illness does not automatically mean that he is unfit to parent. If psychiatric illness poses a risk to the health, wellbeing, or welfare of the child, this could cause the father to be deemed unfit.
9. Unusual Social Behaviors
Risky, unusual, or antisocial behaviors could negatively impact a child and thus will be considered by an evaluator in determining the fitness of the father.
10. The Child’s Attitude Toward The Father
If your child is uncomfortable with or afraid of their father, that will certainly be taken into consideration in determining or changing custody. If a child expresses concern about spending time with their father, this is a sign that the father may be unfit.
Related: 9 Factors That Affect Child Custody in California
Contact Us
If you need to get child custody from an unfit father, Her Lawyer can help figure out your best course of action. Contact us and we’ll get you a free consultation with an experienced child custody attorney in California!