Connecticut courts determine custody based on the children’s best interests. A judge will try to keep both parents involved with the children’s upbringing if possible.
However, there are times when one or both parents are not fit to raise these children. If you try to gain custody, you have to prove that the parent is unfit.
An unfit parent is one who does not or cannot provide his or her children with the care, support and guidance they need. The cause of this lack of care and support must be the parent’s fault, i.e., due to a habit or poor treatment of the children. If a parent is unfit, the judge may order the children removed from his or her care or may rule against this individual in custody battles.
Examples of unfitness
When parents abandon or dissert their children, they are not fit to raise them. In addition, parents who neglect or have no interest or concern for their children can lose them. A judge typically rules against parents who will not take responsibility for their children or treat them cruelly, e.g., child abuse. Depravity, violent crime convictions and multiple felony convictions can also impact the court’s definition of fitness.
If one parent accuses the other of being unfit, the evidence must support this claim. This evidence may include affidavits from the accusing parent as well as other witnesses. The judge may also require character witnesses or a professional evaluation or investigation into the claims. Child Protective Services may also become involved and conduct home studies to determine the safety of the home and the fitness of the parent.
To get the best result in these cases, gather evidence and prove you can provide a caring, supportive and safe environment for your children.