Suppose a parent (or other party to the custody case) raises concerns that one of the child’s parents is unfit. In that case, the Court may address those concerns in various ways, depending on the type and severity of the alleged unfitness and any evidence of the parent’s unfitness. In addition, the Court will evaluate any police or CYS involvement and whether a PFA is involved in the case. Our child custody lawyers explain how Pennsylvania courts evaluate parental fitness to ensure your child’s safety and best interests are fully protected.
How the Court Evaluates Parental Fitness
There are many types of unfitness which may be alleged, including drug and alcohol abuse; inadequate or inappropriate living conditions; mental or emotional abuse; and mental health issues that impair a party’s judgment and ability to care for a child.
How Evidence and Allegations Affect Custody Decisions
For example, suppose a parent is alleged to be unfit due to drug or alcohol abuse, and there is credible evidence that tends to support that allegation. In that case, the Court may require that party to undergo drug or alcohol testing or a drug or alcohol evaluation. Depending on the extent of the drug or alcohol abuse, the Court may curtail that party’s custody time with the child. The Court may also require that the parent undergo drug or alcohol treatment (including inpatient rehab or therapy) before the Court will increase that parent’s custodial time.
Suppose the party has been charged with or convicted of DUI or possession of drugs, especially if the charge or conviction is recent. In that case, that is another critical consideration for the Court. If, on the other hand, there is no credible proof that a party has actually abused drugs or alcohol, and the Court does not find the testimony or allegations regarding the drug or alcohol abuse credible, the mere fact that a party alleges that there is an issue is not likely to factor into the Court’s decision regarding custody arrangements.
False Allegations and Judicial Balance
Unfortunately, parents involved in custody disputes frequently allege unfitness of the other parent, but such allegations are not always truthful. The Court has to balance keeping the child safe from any potential issues with evaluating the truthfulness and motivations of both parties, among other concerns.
Speak With a Custody Attorney
If you are interested in discussing your unique custody situation with one of our attorneys, contact us online or call (717) 731-8114 to schedule a consultation at Tanner Law Office.