The definition of an unstable parent takes into account the parent’s physical and mental health, criminal history, and history of neglect or abuse. Parents who cannot be relied on to care for their children for any reason may be declared unfit and denied custody.
An Orlando child custody lawyer can work hard to prove that you are a stable parent who is capable of looking after their children—or we can prove your former partner is unstable and that your children will be safer in your care.
How Is Instability Evaluated in Custody Cases?
It is up to a judge to review all of the facts and evidence in a custody case and determine if one or both parents are stable—that is, if the parents can provide safe and healthy environments in which to raise their children. Judges will consider:
- The parent’s physical health. Are they physically capable of providing for the children’s needs and keeping the home safe and clean?
- The parent’s mental health. Has the parent refused treatment for a serious mental or psychological condition, including drug or alcohol addiction?
- Allegations of abuse. Has the parent been physically, emotionally, or sexually abusive towards the children or anyone else?
- Allegations of neglect. Has the parent habitually failed to provide for the children’s basic needs, such as food and medical attention?
- Criminal accusations or convictions. Was the parent involved in criminal activity recently, or do they have a long history of being involved in such activity?
- The parent’s physical presence. Does the parent have a habit of leaving without warning and being unreachable by the other parent or the children?
Please note that a physical or mental disability is not in and of itself evidence of instability. As long as the parent can prove they are capable of caring for their children, the presence of a disability should not impact their case. If you suspect your former partner is trying to use your disability against you, tell us immediately so we can take appropriate steps.
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What Happens if You Are Found to Be an Unstable Parent?
Florida’s custody laws require judges to prioritize the children’s best interests. Parents who are found to be unfit or unstable for any reason may lose custody of the children.
This outcome is devastating, but it does not necessarily have to mean the end of your case. If a judge has decided you are an unfit parent, you may be able to take certain actions to alter your life and living situation. This shows that:
- You take your role as a parent seriously
- You are willing to engage in self-reflection and self-improvement
- You have taken concrete steps to become a fit parent
Our team can then collect evidence that directly addresses all areas of concern. For example, we can use medical records, other paperwork, and character witness testimony to prove that:
- You are receiving treatment for a mental health condition
- You are no longer involved in any criminal activity
- The alleged abuse or neglect was a one-time mistake or misunderstanding that will never be repeated
- You have taken parenting classes so you better understand how to provide for your children
By presenting a strong case, we can work to persuade the judge that you are now a stable parent who can handle sharing custody with your former partner.
How Do You Prove You Are a Fit Parent?
If possible, you want to avoid being labeled an unfit parent at all. In addition to the character witnesses and paperwork discussed earlier, we can also use evidence like:
- Photos of your home (to show it is clean and habitable)
- Your children’s medical records (to show you are aware of and responsive to their needs)
- Your children’s school records (to show your involvement in their lives)
Once we have collected all relevant evidence, our team can present it to the judge. With a strong enough case, you can prove that you are a stable parent and put any concerns about your parental fitness to rest.
What Should You Do if Your Children’s Other Parent Is Unstable?
If your personal experiences and/or the available evidence have convinced you that the other parent cannot provide a stable environment, it is vital that you act quickly. Most judges favor custody arrangements where both parents get to have a role in raising the children, so you need to show clearly and convincingly why this is inappropriate in your case.
As soon as you contact our legal team, tell us what kind of custody agreement you feel is best (e.g., a time-sharing agreement versus sole custody). Your lawyer will then collect evidence to prove to the judge that your children will benefit from this agreement. We can also present the evidence in the courtroom on your behalf.
What if the Other Parent Poses an Imminent Threat to Your Children?
In some cases, you should not risk waiting for the resolution of your case before cutting off your children’s contact with their other parent. For example, if your former partner is violently abusive, or if you believe they might abscond with the children, you will want to take action right now.
Our attorneys can help you file an injunction or other legal order that would prevent them from having access to the children. We can help prove the nature and immediacy of the threat so that the judge understands the situation and grants the right protective order to keep your family safe.
Our Lawyers Help Parents Do What Is Best for Their Children
If your former partner meets the definition of an unstable parent, or if you have been unfairly accused of being unfit, call Bogin, Munns & Munns. Our legal team can represent your children’s best interests starting today. We are proud to serve families throughout Central Florida.
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