What makes a parent unfit In Oklahoma requires evidence presented to the Judge in your case. In most jurisdictions, the determination of a parent’s fitness for child custody is typically based on the best interests of the child. The court considers various factors to assess a parent’s fitness. Here are some factors the court may consider in determining a parent’s fitness for child custody in Oklahoma:
Criminal History:
A history of criminal activity, especially offenses related to violence, drugs, or child abuse, can be a significant factor in determining parental fitness. Its important to understand the type of criminal history and its recency is critical to the assessment of fitness. Another factor to consider is if the criminal history existed prior to having children its difficult to later claim that same history as a factor in proving a parent unfit. On the other hand, if the criminal history continued or worsened after the birth of a child this could impact a determination of parental fitness in both divorce and child paternity cases.
Substance Abuse:
Ongoing issues with substance abuse, such as drug or alcohol addiction, can be a substantial concern for the court. More recently the use of marijuana is less an impact as in the past. Its drugs like meth cocaine or other serious drugs and alcohol that concern the court. If the Court orders a drug test and the parent turns up hot for hard drugs this is a big problem. Evidence of rehabilitation efforts may also be considered.
Domestic Violence:
Instances of domestic violence, whether directed at the child or the other parent, can impact a parent’s fitness for custody and ultimately all child custody decisions. Protective orders or police reports can be crucial evidence. In fact, a finding of domestic violence or history of protection orders creates a legal presumption the parent is not fit to have joint or sole custody.
Child Abuse or Neglect:
Evidence of child abuse or neglect by a parent is a serious factor that can affect custody decisions. This may include physical, emotional, or sexual abuse. Any child abuse is huge factor determining unfitness. If a parent fails to protect a child from the abusive or neglectful other parent, that parent is also considered unfit because they failed to protect
Mental Health:
A parent’s mental health can be considered, especially if it affects their ability to provide a stable and safe environment for the child. However, mental health issues alone may not automatically render a parent unfit. This kind of evidence should be supported by expert testimony from a mental health expert. A simple case of mild depression that is treatable is not enough. Rather, the mental health issues must have documentation and create a risk for the children.
Stability and Environment:
The court assesses the stability of each parent’s home environment. Factors such as a suitable living space, financial stability, and the ability to meet the child’s basic needs are considered.
Parenting Skills:
The ability of each parent to meet the child’s emotional, educational, and developmental needs is a critical factor. Courts may consider parenting skills, involvement in the child’s life, and the ability to foster a positive relationship. Parenting skills loot at the totality of the parent child relationship. If on a whole the parenting relationship is detrimental to the children this is a factor used to determining an unfit parent.
Co-Parenting:
The willingness of a parent to support a positive co-parenting relationship and facilitate the child’s relationship with the other parent is significant. This is a much bigger factor than many parents consider. If one parent degrades the other parent in the eyes of the child this is bad. Oklahoma takes co-parenting very seriously. The state begins with the presumption that co-parenting is in the best interest of the child. If one parent fails to foster a parent child relationship between the child and the child’s other parent, that parent is not fit to have joint or sole custody.
Child’s Preference:
Depending on the child’s age and maturity, the court may consider their preference. It is not the sole determining factor but a important one. This is not really a factor making a parent unfit. Rather, it helps courts look to what the child prefers and why the child has a certain preference.
False Allegations:
Making false accusations against the other parent without evidence may negatively impact a parent’s credibility in court. An example of false allegation’s might be continual unsubstantiated DHS reports or Police reports about the other parent. If a parent suspects the other parent of abuse, they are obligated to protect their child and make DHS reports. But, if the DHS reports are continues and unsubstantiated this is a problem and can indicate the parent is unfit
Tulsa Oklahoma Child Custody Attorneys Near You
If you are facing a divorce or paternity case you need a legal edge that can get your case across the finish line. This includes modifications of existing orders where your ex is acting unfit and creating a danger to your children. To prove what makes a parent unfit in Oklahoma is not as easy as it may seem. Its one thing to know the other parent is unfit but its another to prove it to the Judge in your case. Our child custody attorneys have the right stuff and advance facts that support your case. Call our Tulsa Custody Attorneys at 539.302.0303 or click here to ask a free child custody question.