What should I do if I believe the other parent is unfit to have custody?

When concerns arise about a child’s safety and well-being under the care of a parent, it is crucial to understand the legal recourse available in Maryland. This guide, provided by the Howard County child custody lawyers of Coover Law Firm, LLC, delves into the steps you can take if you believe the other parent is unfit, including exploring what constitutes an “unfit parent” under Maryland law.

unfit parent maryland

What makes a parent unfit in Maryland?

In Maryland, a parent may be deemed unfit if their conduct consistently fails to provide proper care, custody, and support for the child. Here are specific criteria that the Court considers when evaluating whether a parent is unfit:

  • Neglect or abuse: This includes any physical, psychological, or emotional abuse, as well as neglect of the child’s basic needs.
  • Substance abuse: Chronic and severe use of alcohol or drugs that impairs a parent’s ability to care for the child.
  • Mental illness: A mental health condition that prevents the parent from providing appropriate care.
  • Abandonment: The willful forsaking of parental duties, such as leaving the child without adequate care and supervision.
  • Criminal behavior: Involvement in criminal activities directly impacts the parent’s ability to provide a safe environment.

Steps to take if you believe the other parent is unfit

1. Document your concerns

Gather evidence that supports your claims of unfitness. This could include photographs, videos, medical records, or detailed notes about incidents that reflect the parent’s inability to provide adequate care.

2. Consult with a family law attorney

Speak with an attorney who specializes in family law in Maryland to get a professional evaluation of your case. Coover Law Firm, LLC can provide guidance on the legal standards for unfitness in Maryland and help you understand your options.

3. File a motion for custody modification

If you already have a custody order in place, you will need to file a motion to modify this order based on the new evidence of unfitness. Your attorney can assist in preparing and filing the necessary legal documents.

4. Prepare for a custody evaluation

The Court may order a custody evaluation to assess both parents’ living situations and determine the child’s best interests. Be prepared to cooperate with the evaluator and provide any information they request.

5. Attend Court hearings

You must present your evidence and possibly testify about the other parent’s unfitness in Court. Your attorney can help you prepare for these appearances and represent you during the proceedings.

Legal implications of being declared an unfit parent in Maryland

Being declared unfit can have serious legal implications for a parent, including the loss of custodial rights. In some cases, the Court may limit a parent’s contact with the child through supervised visitations or, in extreme cases, terminate parental rights entirely.

How Coover Law Firm, LLC can help

Addressing concerns about an unfit parent is a serious matter that requires skilled legal representation. Coover Law Firm, LLC has extensive experience in family law cases in Maryland and can help protect your child’s welfare. We offer comprehensive legal services, from filing the initial motion to representing you in Court.

Do you believe the other parent is unfit for custody? We can help.

Understanding the legal criteria for unfitness and following the correct procedural steps can help ensure your child’s safety and well-being. For professional assistance, contact Coover Law Firm, LLC at (410) 553-5042. Our dedicated team is prepared to support you through every step of this challenging process, ensuring the best possible outcome for your child.