What Makes a Parent Unfit for Custody in California?

Child custody law can be an equally intense and confusing process, and if you are worried your co-parent thinks you may be an unfit parent, you may be facing even more stress. If you are wondering what makes a parent unfit for custody in California, a child custody lawyer can help. You do not need to build your case alone.

Whether you are afraid you may be considered unfit to be a custodial parent or you worry that your spouse may be, Paula D. Kleinman, A Professional Law Corporation, can help you navigate the complicated world of California child custody laws and pursue your desired outcomes.

What Makes a Parent Unfit for Custody in California?

A child custody attorney can help you answer questions about what makes a parent unfit for custody in California and more.

Currently, roughly 4% of parents in the United States are custodial parents. California Family Code § 3040 states that both parents must be granted equal opportunity to file for custody of their child. There are many additional factors that you and your co-parent will need to determine during your child custody case, including who will have legal and physical custody, whether or not custodial rights will be shared, and where your child will live.

Child custody laws can get incredibly complicated when there is suspicion that one of the parents may be unsuitable to have custody of the child. Some examples of what may be deemed unfit behavior include:

• A history of abuse: Whether it is physical, sexual, emotional, or psychological, a history of abuse against your child may make you an unsuitable custodial parent.
• Past neglect: While everyone makes mistakes, neglecting the needs and safety of your child can influence a judge’s decision regarding parental rights.
• Substance abuse: Substance abuse rarely ever only impacts the person using said substances, and a judge may rule against you for a current or recent struggle with addiction.
• Strained relationship with your child: While this is not always a sign of unfitness as a parent overall, continuous discord between you and your child can paint your relationship in a negative light.
• A lack of previous involvement: If you did not make it a goal to be involved in your child’s life prior to your custody case, you may be deemed less fit to meet their parental needs.

Why Should I Hire a Child Custody Lawyer in California?

There are many different reasons you may want to hire a child custody lawyer to handle your case in California, including the following:

• Finding and scheduling with a suitable courthouse: Not every case requires involvement of the court, but some are better off with outside help, especially when a case proves too complex to make progress without the guidance of a judge. Your lawyer can help you get an appointment scheduled with your local California court, enabling you to carry out your case in an impartial manner.
• The safety of you and your child: Parental or family member abduction is the most common form of kidnapping in California. If you find yourself worrying that your former partner may take drastic measures to withhold your child, potentially going so far as to kidnap them, you should alert your lawyer and local law enforcement right away. It is better to be safe than sorry.
• Getting your additional questions answered: Child custody cases can be incredibly confusing and complicated, especially when you try to handle them alone. Fortunately, when you hire a Carlsbad family law attorney to represent you and your goals, you can find the clarity you need. You deserve to understand what is happening in your case, and we can work hard to ensure that you do.

Your child custody case is unique, and so are your needs. Paula D. Kleinman, A Professional Law Corporation, can help you advocate for those needs while working to help you achieve your desired outcome.

FAQs

Q: What Kind of Evidence Can Be Used to Prove a Parent Unfit in a Child Custody Case in California?

A: Evidence in a child custody case may take many different forms in California, including but not limited to videos, recordings, texts, emails, pictures, testimonials, past police reports, and medical opinions that suggest a parent may be abusive, negligent, or dangerous. Your child custody lawyer can help determine if this evidence is relevant to your case. They can also help reframe potentially negative-seeming evidence, showing your side of the story.

Q: What Should I Avoid Saying in a Child Custody Case in California?

A: You should avoid saying anything negative about your co-parent in a child custody case. One of the wisest things you can do is to speak respectfully of and to your opposing party. While frustration and strong feelings may be expected, allowing yourself to insult and pick fights with your former partner will do nothing to help your case. Even in the face of discouragement, you should remain polite and professional as you seek to have custody of your child.

Q: How Much Does It Cost to Hire a Child Custody Lawyer in California?

A: The cost to hire a child custody lawyer in California is based on several elements of a case. Each case is unique, so the variables and pricing tend to vary. There are still some common factors that can influence your final cost, including the amount of time you spend trying to reach an agreement and the level of complexity your case presents. Paula D. Kleinman can help you pursue your case in a way that is worthy of the money you may spend.

Q: Can I Represent Myself in My Child Custody Case in California?

A: Yes, you can represent yourself in a child custody case in California, but many individuals have found that it can be far more beneficial to hire a lawyer. When you enlist the help of a child custody lawyer, you can increase the likelihood of achieving your goals, finding clarity in the midst of the confusion, and avoiding potential setbacks that could halt your progress.

Contact Paula D. Kleinman, A Professional Law Corporation, Today

Whether you are concerned that you may be deemed unfit as a custodial parent or that your co-parent is unfit, you may benefit from the help and guidance of a child custody lawyer. You have the right to pursue custody of your child. With the help of attorney Paula D. Kleinman, you can unlock a better future. Contact us today to schedule a consultation.