Parents often try to do everything they can to ensure the happiness and safety of their children. Arkansas parents generally have certain rights as well as established legal responsibilities for their children.
Occasionally, parents facing custody disputes or involvement with state agencies may face accusations that they are unfit to serve a parental role. What might potentially lead to claims of being an unfit parent in Arkansas?
Statutes do not define unfit parents
Arkansas technically does not have a statutory definition for unfit parents. Instead, the courts look at unique family circumstances, prior court precedent and legal expectations for parents. Parents may find themselves facing accusations of being unfit in a variety of scenarios.
For some people, debilitating medical issues may prevent them from parenting without the support of another adult. Those dealing with seizure disorders, coping with degenerative disorders or undergoing cancer treatment may not be in a position to operate a motor vehicle or meet the needs of children.
Other times, it may be a substance abuse issue or an addiction that renders a parent unfit. When a parent cannot consistently maintain their sobriety and when their lack of sobriety affects their ability to meet the needs of their children, the courts may deem them an unfit parent.
Such accusations can also arise in situations involving a history of major criminal offenses. Offenses involving interpersonal violence or children are more likely than minor theft offenses to influence how the courts view a parent. A history of domestic violence or child abuse can lead to the courts determining that someone is an unfit parent.
So can abandonment. If a parent has gone weeks or months without communicating with their children and providing for them, the courts may determine that they are not fit to parent the child in the future. Any scenario where the state could remove the children from the home could lead to claims of a parent being unfit.
Who accuses a parent of being unfit?
There are typically two sources of accusations related to a parent’s capacity to care for their children. One is the state. The other is another concerned adult with direct knowledge of family circumstances. Ex-spouses, parents and even neighbors can sometimes make accusations about one person’s ability to care for their children.
Typically, accusations of being an unfit parent go hand-in-hand with an attempt to gain custody or to limit someone’s access to their children. The party making the accusation faces a burden of proof, meaning that they must provide reasonable proof to the courts that the situation could prove damaging for the children.
Learning more about the factors that can influence custody determinations can be beneficial for parents who are worried about their rights. Those accused of being unfit parents may be able to defend their rights with proper help and an understanding of how Arkansas handles complex custody matters.