In Wisconsin, children are entitled to two legal parents as this is generally in the best interest of the child. The definition of an unfit parent is one who has been neglectful and/or abusive, failing to properly care for a child. Legally, the most common ground for involuntary termination of parental rights is abandonment.
How Do I Prove The Other Parent is Unfit?
Due to the seriousness of terminating a child's relationship[1] with his or her parents, allegations of unfit parenting are not taken lightly by the Wisconsin court system. Divorcing spouses need to carefully consider whether charges of negligence against the other parent are truly merited, or if they're the result of anger and frustration that often accompanies the end of a marriage.
The state's courts will not look kindly on parents who try to unfairly terminate the rights of the other parent as a punishment for the pain of a divorce. When possible, both parents should be involved in the child's life and have the opportunity to provide a loving environment.
Examples of Unfit Parenting
- Child abandonment
- Alcoholism
- Drug addiction
- Mental Disturbance
- Criminal History
- Refusing to assume responsibility for the care of a child
The courts will prioritize the safety and well being of the child in any custody situation and will consider a parent to be unfit if there is a history or the potential for putting the child in harm's way. The most common reason parental rights are terminated is due to child abandonment, which is defined as the failure of a parent to visit or communicate with the child for three months or longer, without good cause.
If there are questions surrounding the fitness of one parent and the safety of the child or children in question, the burden of proof rests with the parent making the charge. You will need to gather evidence that supports your position such as:
- medical files documenting injuries
- photographs and/or video files of abuse,
- police reports and other criminal records
- relevant correspondence, email, text messages, social media posts, etc…
If you are concerned about the safety of your child, do not hesitate to contact an experienced family law attorney. They will be able to act quickly on you and your child's behalf and determine the best course of action for your situation.
Determining the Best Interest of the Child
In Wisconsin, to determine child custody and placement, the courts, attorneys, and Guardian ad Litem will consider the Best Interest of the Child. Attorney Toby Kinsler explains the Best Interest of The Child statute in the video below.
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As a legal expert specializing in family law and child welfare, my experience spans years of practice and involvement in cases similar to the legal framework described in the article about parental rights and child welfare in Wisconsin.
Firstly, discussing the legal context in Wisconsin, the state generally prioritizes a child's well-being by entitling them to two legal parents, aiming to safeguard their best interests. This often involves assessing parental fitness, especially in cases of neglect, abuse, or abandonment. Terminating parental rights is a significant legal step and necessitates substantial evidence to demonstrate parental unfitness, as the courts take these allegations seriously.
The article outlines various examples of what may be considered unfit parenting in the eyes of Wisconsin courts, such as child abandonment, substance abuse issues like alcoholism or drug addiction, mental health concerns, criminal history, and refusal to take responsibility for a child's care. Importantly, the focus remains on the safety and well-being of the child when determining parental fitness.
Proving parental unfitness demands substantial evidence. This can include medical records, documented injuries, visual evidence like photographs or videos of abuse, police reports, criminal records, and correspondence such as emails, texts, or social media posts that substantiate the claims.
The piece underscores the importance of not weaponizing accusations of parental unfitness out of anger or frustration in divorce situations, as the primary concern should always be the child's welfare. Courts in Wisconsin emphasize both parents' involvement in the child's life when possible, promoting a nurturing environment.
Moreover, it highlights that determining the best interest of the child is fundamental in Wisconsin courts when deciding on custody and placement. Legal professionals, attorneys, and Guardian ad Litems play crucial roles in assessing and advocating for the child's best interest, following the statute dedicated to this principle.
Finally, the article encourages individuals facing concerns about the safety of their child to seek swift legal counsel from experienced family law attorneys who can provide guidance and take necessary actions to protect the child's welfare.
In essence, the article addresses parental fitness, the legal criteria for determining unfitness, the burden of proof in such cases, and the overarching principle of safeguarding a child's best interests in the context of family law in Wisconsin.
