There are several things that could cause a court to find a parent unfit. When Oklahoma courts decide child custody matters, they focus on what is best for the child. While the law assumes both parents are capable of caring for their child, certain circumstances may lead a judge to determine that one parent is unfit. This determination can significantly affect custody rights and visitation. Below are several warning signs that may influence a court’s decision on parental fitness in Oklahoma.
Abuse or Neglect
If a parent has a history of abusing or neglecting the child ,the court may find that the child would be unsafe in that parent’s care. This includes physical harm, emotional mistreatment, or failure to provide basic needs like food, shelter, or medical care.
Substance Abuse
Ongoing substance abuse, especially if it impairs the parent’s ability to care for the child, can be a major factor. The court may look at drug test results, arrest records, or other evidence to evaluate the risk to the child.
Domestic Violence
A parent with a recent history of domestic violence may be presumed unfit. Even if the violence was not directed at the child, exposing a child to a violent environment can weigh heavily in custody decisions.
Criminal History
Serious or repeated criminal offenses—particularly those involving violence, drugs, or child endangerment—can raise concerns about a parent’s ability to provide a safe, stable home.
Mental Health Concerns
Mental illness by itself does not make a parent unfit. However, if a parent refuses treatment or if their condition causes instability or danger to the child, the court may take that into account.
Unsafe Living Conditions
A judge may find a parent unfit if their home is unsanitary, unsafe, or lacks the basic essentials a child needs to grow and thrive. Housing instability or frequent moves can also raise red flags.
Abandonment or Lack of Contact
A parent who has not seen or supported the child for a long period—without good reason—may be considered to have abandoned the child. This can lead to a finding of unfitness and the loss of parental rights.
How Oklahoma Courts Decide
To label a parent unfit, the court must see clear and convincing evidence that the parent’s conduct puts the child at risk or makes them unable to meet the child’s needs. The goal is not to punish parents but to protect the child’s well-being.
Wagoner Child Custody Attorneys
If someone is questioning your fitness as a parent, it’s important to take the matter seriously. You may need to show that you have addressed past issues, completed treatment, or created a stable and supportive home. For a Free consultation with Kania Law Office – Wagoner Attorneys, call us at 918-283-7394. Or if you would like to ask a lawyer an online legal question, follow this link.
