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.
Unfit Parents in Wisconsin
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 even request that the court terminate the other parents’ rights over the child entirely.
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.
Results of a Parent Being Unfit
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.
Factors to Determine an Unfit Parent
The court looks as the following list of factors to decide if a parent is unfit to care for their child. The factors are outlined in Wisconsin Statute Sec. 767.41(5) and include the following:
- Abuse of drugs or alcohol by a person who does, has, or will live with the child whether it is regularly or occasionally.
- The mental or physical health of a person living with the child negatively that affects the child’s intellectual, physical, or emotional well-being.
- Criminal record or evidence of abuse or neglect of the child or any other child by a person who does, has, or will live with the child whether it is regularly or occasionally.
- Evidence of interspousal battery or domestic abuse.
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.
Modification of Legal Custody and Physical Placement
Legal custody and physical placement orders may be modified every couple of years or upon a substantial change in circumstances. One such change of circumstance could be evidence of a parent being unfit.
When considering requests to modify legal custody and physical placement, the court must make determinations 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.
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