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What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
While joint custody may be favored by the Louisiana court system, it does not mean, however, that both parents will exercise equal physical time with the children. In the majority of cases, one parent will be designated as the domiciliary parent, while the other will have specific or reasonable visitation rights.
Louisiana Laws - Louisiana State Legislature. A. Subject to R.S. 1 and 364, a parent not granted custody or joint custody of a child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child.
The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things.
At a custody trial, the Court will hear evidence on the issue of what is in the best interest of the child and ultimately make a custody determination. At the hearing, the court will consider a variety of factors, such as the child's age, health, and relationship with each parent.
Some factors that a court may use to determine a person's fitness as a parent include: A history of child abuse. ... A history of substance abuse. ... A history of domestic violence. ... The parent's ability to make age-appropriate decisions for a child. ... The parent's ability to communicate with a child. ... Psychiatric concerns.
Neglect of the child's welfare highly indicates that the mother may not have the capacity to raise the child in the best manner. Failure or inconsistency in providing basic needs and necessities like food, shelter, clothing, education, and healthcare are substantial grounds for losing custody.