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Parental Unfitness

How Parental Unfitness Is Determined in Michigan

Parental unfitness is a term used to describe a parent who cannot provide the proper care and guidance for their child. In Michigan, parental unfitness is determined by a family law court when there is evidence that the parent cannot meet the child’s needs adequately.

If you are concerned that your ex-spouse is unfit to care for your child, Here are the steps you need to take to ensure your child’s well-being.

When Is a Parent Considered Unfit?

A family law court will consider several factors when determining that a parent is unfit. Some of the most common reasons that a parent may be determined to be unfit include:

  • Being unable to provide for the child financially
  • Having a history of neglecting or abusing the child
  • Having a mental illness or addiction that impairs their ability to care for the child
  • Being incarcerated or having a criminal history
  • Being involved in domestic violence

If you are concerned that your ex-spouse meets any of the above criteria, you may want to consider taking legal action.

What Can You Do If You Are Concerned About Your Ex-Spouse’s Fitness?

You can contact a family law attorney to help you file for custody in a family law court. This will allow the court to decide parental fitness and award custody to the parent they believe is best suited to care for the child.

Another option is to request that child protective services (CPS) investigate your ex-spouse you believe to be unfit. CPS will investigate and remove the child from the home if they think that the child is in danger.

Some co-parents turn a blind eye and allow their ex-spouse to continue caring for the child. However, this is not recommended. If you suspect that your ex-spouse cannot provide a safe and stable home for your child, you should seek outside assistance.

Finally, you can contact an attorney to help you file for guardianship or adoption. This will allow you to take full custody of the child and provide them with a stable home environment.

If you are considering any of these options, it’s essential to speak with an attorney who will advise you on the best course of action for your situation. An attorney will help you understand your legal rights and options. Furthermore, they may represent you in court if necessary.

What Are the Consequences of Parental Unfitness?

The consequences of parental unfitness can be severe. If a parent is determined to be unfit, they may lose their custodial rights. This means that they will no longer have the right to make decisions on behalf of the child or have any say in how the child is raised.

Talk to a Family Law Attorney

If you are concerned that your ex-spouse is unfit to care for your child, we can help. At Gucciardo Family Law, our experienced family law attorneys will explain your legal rights and options.

We will work with you to create a customized legal strategy designed to meet your specific needs. Contact us today to schedule a consultation.

Too much information?

We focus exclusively on family law matters so we are always available to answer your questions and help.

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