What is a parent unfit for child custody in a Louisville divorce? How does the State of Kentucky define an unfit parent and what types of behaviors and/or situations may prevent a parent from involvement in child custody and visitation?
Generally speaking, Kentucky defines an unfit parent as an individual who has made consistently poor decisions and conducts themselves in a manner which is not in the best interests of their child(ren). A Judge may be concerned about one of the parents during the child custody and visitation portion of the divorce due to past behaviors or ongoing challenges. The Judge has the authority to appoint an independent expert to evaluate the parties, the children and the homes of each potential co-parent.
The specific things which make a parent unfit for child custody in a Louisville divorce involve conduct which presents risks of physical or emotional harm, a lack of supervision or caring for day-to-day needs, as well as the inability or unwillingness to provide for a stable home environment which provides for basic needs of the child(ren) including food, clothing, shelter and healthcare. Other factors the Court will consider include but are not limited to:
- The abuse of alcohol and/or drugs
- Criminal activity (past or present)
- Domestic violence
- Mental illness
- Health challenges
When a Judge finds a parent unfit for child custody in a Louisville divorce the Court may issue orders for sole custody to the other parent. In other cases, the Court may consider supervised visitation.
Kentucky Courts know that it is in the best interests of a child to spend quality time with each of their parents in most cases. While most child custody and visitation orders in Louisville are based upon some sort of shared visitation, there are cases when it is important to protect the child(ren) and consider other orders.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
