While nobody is a perfect parent, some parents are a danger to their children
Parenting is the most difficult job anyone can have. It’s an exhausting 24-hour, 7-days-a-week responsibility. Nobody does it perfectly. But, there’s a huge difference between being an imperfect parent and an unfit parent. New Jersey law defines an unfit parent as someone who:
- Is grossly immoral or unfit to be entrusted with the care and education of a child
- Fails to provide a child with proper protection, maintenance or education
- Has vicious, careless, or dissolute habits that endanger a child’s welfare
In addition, to find a parent unfit, you must show that the child suffered harm. An experienced NJ family law attorney can help you become an aggressive advocate for a child with an unfit parent.
Collecting proof that a parent is unfit
Proving that a parent is unfit can be very difficult. Courts are biased in favor of keeping children with their parents. Judges and mediators know that it’s very common for divorcing parents to accuse each other of being unfit. But, actually being an unfit parent is very different from having a disagreement over child rearing. The court will require concrete proof that the parent is unfit and that the child has been mentally or physically harmed by the parent.
To prove a parent unfit, you need a well-documented history of the parent’s behavior and its impact on the child. This includes:
- Media and recordings. Photos, audio/video recordings, social media posts, phone messages/texts
- Medical records. Doctor and hospital records, substance abuse rehab records, X-rays and test results
- School records. School psychologist reports/referrals, teachers’ reports, disciplinary reports
- Court records. Criminal records (prior arrests/complaints), probationary reports, physical/domestic abuse claims
- Other documentation. Information and claims from NJ Child Protection and Permanency (CP&P)
A lawyer who focuses on New Jersey family and custody law can provide you with guidance on how to prove that a child has been endangered by an unfit parent.
Behaviors that might indicate a parent is unfit
Some parental behaviors can put children in immediate danger and can be grounds for a child to be removed from their custodial parent. In 2019, the New Jersey Department of Children and Families updated its system for identifying and reporting incidents of child abuse.
Its new “Allegation-Based System” defines 15 indicators of harm to children and suggests ways to gather proof that can be used to establish a parent as unfit. Here are some of the most common behaviors that indicate a parent is unfit to be a custodial parent.
- Physical injury and impairment, or in extreme cases the death of a child, caused by the negligent or purposeful actions of a custodial parent are some of the most recognizable indicators that they are an unfit parent. Injuries including broken bones, burns, lacerations, and bruises must be verified by a medical doctor. Additionally, interviews of the person who last saw the child before he or she was injured and observations of the child’s home environment can help to provide further evidence that a child’s injuries were caused by an unfit parent.
Furthermore, family violence, or violence between intimate partners, can harm a child physically, mentally, and emotionally even if the child themselves is not directly abused. Although violence in a home may be limited to the intimate partners of a relationship, if the violence occurs within the home where a child resides, or if it occurs in front of the child it can be considered an indicator of child harm.
Finally, sexual abuse including sexual penetration, molestation, and exploitation at the hands of a custodial parent are all grounds for removing a child from their custody. Just the risk of sexual abuse – for example if a convicted sex offender has substantial access to a child – is also evidence that a parent is unfit to care for their child.
- Substance abuse by a parent or caregiver or administering illegal or dangerous substances to a child constitutes behavior indicative of an unfit parent. A custodial parent who provides a child with a mood-altering chemical such as cannabis, alcohol, other narcotics, or poisonous chemical can have their custodial rights taken away. Similarly, a parent whose substance abuse threatens the safety of a child may be considered an unfit parent if they are unable to provide adequate care to a child.
- Mental illness can unfortunately lead to a parent being declared unfit. Those who suffer from mental illness that limits rational behavior and sound judgement may be unable to care for their children. If a parent’s mental illness symptoms are severe, and they pose a danger to themselves and others, they can be declared an unfit parent.
- An incarcerated parent may be declared unfit if they have previously shown patterns of abuse or neglect toward their child. Depending on the crime that has led to incarceration, a court may decide that a child would be in danger if they were to return to an incarcerated parent at the end of his or her sentence.
- Neglect. Failure to provide medical attention, proper education, and basic needs (food, shelter, clothing), unsanitary conditions, and inadequate supervision
- Failure to provide basic needs to a child is a form of neglect that suggests a parent has not been able to or has refused to provide adequate clothing, food, or shelter to the child in their custody.
- Abandonment is an indicator of child abuse when a parent’s behavior demonstrates that they have purposefully relinquished their parental right and claim to a child. Actions such as leaving a child on a doorstep, or even with an appropriate caregiver with no intention to return are examples of abandonment.
- Educational neglect occurs when a parent has purposefully failed to provide a school-aged child with access to appropriate education as outlined by New Jersey state law. Chronic truancy and habitual absenteeism from school could indicate a child is being abused. This type of abuse can have significant long-term consequences on the child.
- Poor judgement is not automatically grounds for the removal of a child; however, patterns of extreme poor judgement can lead to a parent being declared unfit. For example, leaving a young child unsupervised or in the care of an inappropriate caregiver, such as a registered sex offender, keeping weapons within reach of a child, or participating in criminal activities are all demonstrative of unfit behavior.
What happens to an unfit parent?
In the state of New Jersey, a person who is declared an unfit parent can face serious consequences that not only impact his or her life, but also the life of his or her child. Evidence of unfitness toward one child may also result in the custodial rights to other children being lost even if the parent did not abuse or neglect his or her other children. Ultimately, the best interest of the child is the deciding factor when determining if custodial rights should be revoked.
Some of the most common consequences of being declared an unfit parent are:
- Denial of custodial rights or transfer of custody to the other parent
- If parents are separated or divorced, the court may decide to limit or eliminate visitation rights
- Termination of parental rights which ends the legal parent-child relationship. In this case, custody of a child can be passed to the other parent, another legal guardian such as a grandparent or other family member, or the child can be placed in foster care.
- If both parents are deemed unfit, a child can be adopted by another party.
What type of custody is available to the fit parent?
In cases where one parent is deemed to be unfit, the remaining parent can be granted custody of the child by the court. Physical custody, where a child will physically live, is the most easily understood type of custody, but there are different types of custody arrangements that can be made to best meet the needs of a child.
Legal custody gives parents the right to make long-term decisions about how to raise their child, and in custody cases where both parents are fit to raise a child, the court will usually award both parents “joint legal custody.” However, if one parent is deemed unfit, then the other parent may have sole legal custody over their shared child, which means they alone can make decisions regarding how best to raise the child.
New Brunswick, NJ attorney can help you prove a parent is unfit
If you have reasonable cause to believe a child has been subjected to abuse or is in danger of being abused, you should immediately report this information to the state by calling 1-877 NJ ABUSE (1-877-652-2873). If a child is in immediate danger your first call should be to 911.
If you are concerned that your co-parent, spouse, or partner is an unfit parent and would like to begin exploring options to protect yourself and your child, The Law Office of Steven M. Cytryn is ready to help you. To protect your rights as a parent and ensure the safety and well-being of your child, it is critical that you contact an experienced child custody attorney who can help you navigate the complexities of child custody cases. Contact the Law Offices of Steven M. Cytryn online or at (732) 214-1103.
