In Wisconsin, an unfit parent is one who does not properly care for their child whether due to neglect or abuse. The Wisconsin courts can also declare a parent to be unfit for reasons such as drug addiction, serious criminal charges, or marrying a known child abuser.
Many parents express concern that their co-parent is “unfit” and that their children are unsafe when the co-parent has the child. In the worst cases, some parents want to terminate that parent’s parental rights. But in most cases a parent requests more custody or placement of their child.
In Wisconsin, the law generally presumes that a child’s best interests are served when both parents are involved in their care unless either parent is deemed “unfit”. There is no clear legal definition of what constitutes an “unfit” parent, so each case is evaluated according to its own facts and circumstances.
Parent rights are made up of legal custody and physical placement. Legal custody is the authority a parent has to make decisions for their child. Physical placement is the time a child actually spends with the parent.
If a parent is found to be unfit to care for their child, their parental rights can be terminated. However, this course of action is rare. More often, a parent is not to the level where they need their rights terminated, rather the court will modify the custody and placement order currently in place.
These factors are listed among the factors the court uses to make decisions on child custody and placement. If you think the other parent of your child is unfit to care for your child or children, call to talk to a Divergent Family Law attorney.
Legal custody and physical placement orders can be modified every two years or when there has been a substantial change in circumstances. One example of a substantial change could be a parent being unfit. This would allow you to go to court before the two year period is over.
When considering requests to modify legal custody and physical placement, the court must make decisions that serve the best interests of the children involved. This means the court is required to assume that joint legal custody is best for the child and that regularly occurring, meaningful placement times with each parent is best for the child.
Even though the court is instructed to value those requirements, the number one goal is to keep the child safe and do what is in the child’s best interests. The court can deviate from what the law requires if after a hearing, that physical placement with a parent would endanger the child’s physical, mental, or emotional health.
One of the best options when a parent is unfit is for the other parent to get sole custody of the child. Sole legal custody gives all decision-making rights over the child to one parent.
If there is evidence that one party is not capable of performing parental duties and responsibilities or does not wish to have an active role in raising the child, sole custody is the best option. Additionally, the court may award sole custody to a party if parents cannot effectively care for their child in joint custody.
Lastly, the court may award sole legal custody to a party if evidence suggests the parties will not be able to cooperate in the future decision making required in joint legal custody situations. The court wants an order that is in the child’s best interests.
When a parent’s rights have been terminated, it is a complete and permanent termination. This also means that person would not pay child support. Laws outlining this process are under Chapter 48 of the Wisconsin Statutes. Legal proceedings initiated under Chapter 48 may also involve the intervention of child protective service and law enforcement. Accordingly, the standards for terminating parental rights are high. Examples of circumstances that would lead to termination include:
Whether considering an action to terminate parental rights or a motion to modify legal custody and physical placement, it is important to have an experienced attorney assist with evaluating the facts and circumstances of your case. In addition, your Divergent Family Law attorney will help you identify and preserve valuable pieces of information and evidence in order to obtain the best possible outcome for you and your family.
The grounds for termination of parental rights under Chapter 48 of the Wisconsin Statutes are set forth at Wis. Stat. Sec. 48.415. The full list is above in this article, but some examples include abandonment of the child, denial of placement with the child for over one year, or the conviction of a felony against the child.
Failure to co-parent may include situations in which one parent habitually, intentionally, and unreasonably refuses to communicate on important matters concerning the minor child. For example, a parent who consistently fails to respond to the other parent’s requests to communicate regarding medical or education decisions for the child. Failure to co-parent may also include situations in which one parent seriously interfered with a custodial decision. For example, a parent who permits the child to receive a nonemergency medical procedure over the other parent’s objection.
There is no uniform definition of unstable parent within Wisconsin statutes. However, examples of instability can include a parent who has or is struggling with drugs/alcohol, chronic mental illness, or a physical condition that renders the parent unable to effectively care for a child.
There is no specific definition of ineffective parent within Wisconsin statutes. Examples of ineffectiveness can include a parent who is persistently absent from key custody decisions or who seriously interferes with custodial decisions.
Clear and consistent communication is paramount even when you may have a co-parent who is difficult or absent. By communicating clearly and consistently about your intentions and decisions for your child, you may lessen the risk of misunderstandings which could lead to unnecessary conflict and potential legal proceedings. Communication can also be used to establish boundaries of respect for each parent and the child. This can include an explanation of conduct/behavior that will not be tolerated and what actions you are prepared to take in the event that your boundaries are not respected.
If a parent is convicted of a crime, custody and placement may be affected should the other parent petition the court. What effect it will have will depend on the specifics of your case. If a conviction has occurred, a court will likely be willing to reevaluate the case and determine whether to make a change.
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