Unions, whether marriage or something else, don’t always last. In some cases, the two parties can part amicably, each going their own separate way.
However, when a child is involved, it can get very complicated, very quickly.
New York law seeks to keep parents in contact with their children and encourage both parents to establish deep, meaningful relationships with them.
That doesn’t always work out though and circumstances may arise that make it clear that the child should not spend time alone with the other parent. That is what happens when a parent is unfit.
What is an Unfit Parent in New York?
In New York a parent is deemed unfit if he or she does not provide the child with the appropriate support, care, and guidance. A parent may also be considered unfit if he or she had a substance abuse problem, was neglectful, or was abusive.
In basic terms, if the parent harms the child or threatened to harm the child, or if the parent is neglectful, that parent could be deemed unfit. Some of the factors that the court examines to determine if a parent is unfit include:
- Neglect
- Abuse
- Interference with visitation
- Substance abuse
- Physical health or diseases
- Abandonment
- Certain home environment conditions
- Mental health
- Childcare arrangements
If the parent is deemed unfit, the court may award custody to the other parent and restrict the unfit parent’s visitation. The unfit parent may have to have supervised visitation for a while.
What are the Factors That Are Used to Determine if a Parent is Unfit?
The factors that are used to determine if a parent is unfit may vary from case to case. Ultimately, they come down to several key areas:
Neglect – Has the parent neglected the child? Is the child clean? Fed? Does the child have clean clothes that fit? Is the parent providing a safe home environment? Is the child supervised?
Abuse – Has the child been harmed or injured? Has there been any physical or mental abuse or mistreatment of the child by the parent?
Interference with visitation – Has the parent tried to interfere with visitation or custody? Does one parent withhold the child from the other? Has a parent refused to return the child after visitation? Is one parent interfering with the child’s phone calls with the other parent? Is the parent continually late for pick up or drop off?
Substance abuse – Is the parent engaging in any type of substance abuse in the presence of the child? Is the parent transporting the child while under the influence of alcohol or drugs? Is the parent supervising and caring for the child while under the influence of alcohol or drugs?
Involvement – How involved is the parent with the child? How involved have they been with the child in the past?
Physical health or diseases – Does the parent have a physical disease that would prevent him or her from caring for the child on their own? Does the parent have a health condition that could cause them to become incapacitated while caring for the child?
Abandonment – Has the parent abandoned the child? Has the parent left the child with family or friends and not returned? Has the parent left the child somewhere like a hospital or store and not returned? Has the parent left the child alone at home?
Certain home environment conditions – Does the parent keep the home environment clean and safe? Does the child have a safe, clean place to sleep? Is there food in the house and does the child have access to it? Is the parent conducting themselves appropriately in the presence of the child? Has or does the child witnessed domestic violence in the home? Does the parent set appropriate boundaries for the child?
Mental health – Is the parent struggling with any mental health issues? Does the parent have episodes where he or she is not lucid or is mentally impaired? Is the parent mentally capable of making sound decisions regarding the child and the child’s welfare?
Childcare arrangements – Does the parent make proper childcare arrangements when they have to leave the child somewhere? Do they have someone who is safe, capable, and of age to supervise and care for the child in the parent’s absence?
These are some of the more common things that are considered when examining a parent and their ability to care for their child. If there are issues in these areas, they may be advised to make adjustments, or the child may be removed from their care.
How Do You Prove an Unfit Parent in New York?
Documentation is the key to proving that a parent is unfit. Keep a journal and document any events, situations, or conversations that would show the parent to be unfit. Make sure to include as much information as possible as well as the date and time.
Talk to people who are around the parent while the child is with them. Witnesses to the behavior or circumstances can be powerful in court. Also assemble any photos, videos, doctor’s reports, police reports, and anything else that can prove the claims being made against the parent.
Does an Unfit Parent Still Have to Pay Child Support?
An unfit parent will still have to pay child support unless they no longer have parental rights to the child. In that case, they don’t have to fulfill the financial obligation of supporting the child.
They also do not have the right to be informed about anything to do with the child, nor do they have the right to provide any input or help with decision-making regarding the child. Once the rights are terminated, the child is no longer theirs.
The responsibility to pay child support will terminate when the Termination of Parental Rights order is signed. In most cases, this cannot be reversed.
Can an Unfit Parent Still Have Visitation with Their Child?
If the parent’s rights are terminated, the answer is no. Once the court order is signed terminating the parent’s rights, they no longer legally have access to the child. If they have any contact, it would be at the discretion of the custodial parent.
If the parent’s rights are not terminated, then the court may take other routes such as modifying the custody and visitation order, ordering supervised visitation, or other steps that do not sever the parent-child bond but keep the child safe.
What Happens to the Child if a Parent Is Unfit?
If a parent is deemed unfit by the court and the child is removed from the parent’s care, there are several things that could happen to the child.
- The other parent is awarded sole custody and the child lives with that parent full-time.
- The child is placed with a family member or family friend.
- The child is placed in a foster home.
- The child is placed in a hospital (if they are injured, sick, or have mental health issues)
If Both Parents Are Unfit, Who Gets Custody?
Often, when both parents are deemed unfit, the child is removed from the home, and social services find them a foster home.
Do you have a co-parent whom you believe is unfit, or if you have been accused of being an unfit parent, we can help. The Litvak Law Firm has experienced, compassionate, and talented family law attorneys who can help you at every step of your case.
Call 718-989-2908 today to find out how we can help you.