A hefty amount of responsibility comes with raising a child in a healthy and nurturing environment. And while divorce is a very common and tragic occurrence in our current age, attention must still be placed on arbitrating which parent is most able to provide that nurturing environment for their child. In the face of this decision, the courts will attempt to define one or both parents as “unfit” to raise their children. Should a parent be deemed unfit, they will lose their ability to retain custody of their child.

Common with most legal decision making, a number of individual factors play their part in defining which parent, if any, are unfit. Here are a few of the variables that will be taken into account by the courts when making this decision.

Substance Abuse

It goes without saying that a parent with a mental imbalance or substance abuse problem jeopardizes the healthy atmosphere necessary to properly raise a child. With that understanding in mind, the courts take special care in bringing to light any drug or alcohol abuse present in the family. While substance abuse can be a rather glaring red flag, it often isn’t enough to deem a parent unfit. In cases such as this, most courts will hold what’s called a Fitness Hearing.

During these hearings, a parent is given a specified amount of time in which they may make efforts to resolve their mental or substance based ailments. Actions taken during this period ,such as drug/alcohol treatment and therapy, can help convey to the court that a parent is willing to make sacrifices in order to properly raise their child. However, failure to make reasonable efforts or progress in the allotted time can define a parent as unfit to retain custody.

Favoritism

The classifications of a fit parent don’t simply end at substance abuse. In fact, even something abstract such as preferential treatment towards certain children can be grounds for terminating parenting rights! If a court uncovers a history of regular preferential treatment, this can be seen as risking to unravel the environment necessary to nurture a child. Surprisingly enough, favoritism can even serve as grounds for removing parenting rights towards the children that were being treated more favorably!

The Child’s Preference

 When it comes to parenting rights and custody, the courts always operate under a single mantra: what is under the child’s best interests? When determining which parent is to retain custody, a significant amount of weight is awarded towards the preference of the child. While this may seem petty and arbitrary, the child is more likely to grow in a welcoming and embracing atmosphere if they are given the ability to live with the parent they connect with more readily.

Conclusion

When all is said and done, what takes precedence above all else is the child’s best interests. With that in mind, courts can inspect a number of different variables to define which parent is most fit to emotionally, financially, and responsibly look after a budding member of society.

 

 

When two people decide to get married, it can be a little difficult to determine where the property rights lie between the two individuals. Luckily, an experienced attorney like us can help you make those decisions.

Also known as a premarital agreement, this type of contract is not just beneficial for the rich. More and more middle-income families are utilizing prenups as a means to clarify their financial rights, while also avoiding potential arguments that could be made in the event of a divorce. The agreement includes everything from property division to debt protection.

In this article, we will discuss the many different pros and cons of having a prenuptial agreement and whether your current situation constitutes having one in the first place!

Why a Prenup is a Right Choice

If you hold personal or business assets, it’s a great idea to have a prenuptial agreement in order to avoid any pitfalls that may harm your interests. You’re also protecting each other from assuming one another’s obligations, which may result in a more comfortable relationship.

In a way, it’s looking out for the financial interests of another, especially those who are entering their second or subsequent marriages. Trying to decide these matters after the vows are said can be problematic, especially because each state has their own views on postnuptial agreements.

Why It May Not Be the Right Choice

Preparing for a situation where you’ll have a divorce can be seen as starting off on the wrong foot. To an extent, you are making a legally binding business deal with a loved one. You’re bringing an extra layer of legal business into a romantic relationship.

There are also unintended consequences that may come up as a result of a prenuptial agreement. It can be emotionally uncomfortable having to discuss these matters so early. On the other hand, this contract can be seen as protecting you from the unknown. Walking this tightrope can be challenging, to say the least.

Bottom line: a prenuptial agreement can save you and your spouse from a lot of heartache in the event of death or divorce. Unless you have this contract in place, the state will be the ones to decide what to do with an estate attached to your current marriage along with any past marriages. By putting this in place, you can avoid any arguments or litigation down the road and the two of you can make the important decisions about your marriage together.