It is rarely simple to make decisions about child custody. When one parent is unfit, however, the custody issue becomes considerably more difficult. Proving that a parent is unfit can lead to sole custody being granted to the other parent, which may be in the best interests of the child.

A judge will not refuse custody or visitation only because you claim a parent is unfit. You'll need strong evidence that the other parent is unfit for your child. Examples of evidence include:

  • Expert witnesses, such as physicians, psychologists, counselors, and others in the child's life.

  • Photographs and videos.

  • Medical and school records.

  • Inspections and home visits in detail.

If it supports your claim, any evidence connected to the parent's conduct or condition that renders the parent unfit might be presented in court.

The judge will decide whether a parent is fit or unfit after a hearing. The judge will evaluate all pertinent facts, as well as the child's best interests. If a judge determines that a parent is unfit, the judge may take a variety of actions.

When a parent is judged unfit, a judge may award exclusive custody to the other parent. It's possible that visitation will be restricted or supervised. In extreme instances, the state may ask the court to terminate an unfit parent's parental rights.

The claims of fitness are serious. It is important to have an experienced Miami family law lawyer represent you in court, whether you are making or defending the claims.


To learn more about Rafool, LLC, including our team of Miami family law attorneys, visit us online or call 305.567.9400.