You may not consider yourself someone who has had an easy life. You may have found bright spots throughout your life, such as getting married and having children, but even those happy times in your life can become overshadowed by difficulties, especially if your spouse has not been a good partner or parent. Now, you want to take more control of your situation and work toward a happier future.
If you believe that your spouse is holding you back and is causing trouble when it comes to the well-being of your children, you may have decided to move forward with divorce. On that same route, you may believe that seeking sole custody of your children would be in their best interests as you consider the other parent unfit.
What is an unfit parent?
It is important to keep in mind that the court’s definition of an unfit parent and your definition may differ. You may consider your spouse unfit for valid reasons, but under the law, for the court to deem a parent unfit, serious factors have to apply, which could include the following depending on state law:
- Neglect of the children
- Child abuse
- Substance abuse
- Extreme cruelty to the children
- Failure to keep up a reasonable level of interest and responsibility for the children’s well-being
As mentioned, these factors can depend on Louisiana laws as the legal definition of an unfit parent can vary from state to state. If you want to base your child custody argument on the unfitness of the other parent, you will need to provide evidence of your claims to the court. Deeming a parent unfit could result in the loss of parental rights and other serious consequences, so it is not an action the court takes lightly.
Building a case
If you believe that sole custody is in the best interests of your children due to any of the previously mentioned factors, you may have cause to argue that the other parent is unfit. However, pursuing sole custody is not an easy venture as many courts believe that children benefit from having both parents in their lives regularly. Nonetheless, you may want to explore your options and possible strategies for pursuing the custody outcomes you desire.
Presenting your concerns and desired results to an experienced family law attorney may help you gain reliable information on your available courses of action. This legal professional could assess your circumstances to determine whether arguing that the other parent is unfit could suit your case.