One factor considered by Maryland divorce courts when determining child custody awards is called “parental fitness.” But what does that mean, and how does a Charles County, MD, divorce court determine whether a parent is “fit?” In this article, the Maryland Family Law and Child Custody Lawyers at the Law Office of Robert Castro offer some answers to those questions. If you want more information, contact us. Our number is (301) 870-1200, or use our contact page. We have offices in Waldorf, Maryland.

Defining Maryland’s “Parental Fitness”

The “fitness” of a parent is a very open-ended issue, and evaluation of “fitness” overlaps with many of the other factors that a divorce court will consider when making custody decisions. Generally speaking, “fitness” refers to the idea that a parent is able and willing to care for and raise the child or children in question. Raising children requires a lot of effort, and there are many requirements and sacrifices. The goal of parenting, of course, is to choose those things that enhance the best interests of the child. Sometimes, this means saying “no” to what the child wants.

Factors Considered When Determining Maryland’s “Parental Fitness”

In any event, many of the “fitness” factors are vague and amorphous, like “willingness” to be a parent, the ability to provide love and affection, the capacity for understanding what is “good for the child,” etc. Maryland divorce courts DO evaluate such matters. However, there are also a number of objective, evidence-based facts that are used by Maryland divorce courts. Often, these are more “impactful” on the question of “fitness.” These include any history or evidence of:

• Abandonment
• Neglect
• Physical or emotional abuse of the child
• Physical or emotional abuse of other members of the household (or others, in general) in the presence of the child/children
• Other examples of domestic violence in the presence of the child/children
• Criminal behavior, arrests, incarcerations, etc.
• Known and continued association with “undesirable” persons
• Substance abuse
• Other forms of addiction (such as sex addiction, etc.)
• Physical or mental inability to provide care for children — this might involve physical and/or emotional limitations
• Work/employment-related limitations on being a parent — alternating 24/7 two-week on-site work shifts on an oil rig, for example, might make a parent “unfit”
• Financial inability to provide care for children — being homeless, for example, might make a parent “unfit”

As the last couple of categories indicate, “fitness” is not entirely a moral, criminal, or addiction question. Severe financial shortcomings can also be the basis for a finding of “unfitness.” In an obvious manner, more severe and sustained examples of any of the foregoing will tend to lead a Maryland divorce court in the direction of finding a parent “unfit.”

What Happens if a Parent is Determined to be “Unfit?”

In simple terms, a Maryland divorce court is unlikely to award custody of a child or children to a parent who is deemed “unfit.” Any question of visitation would also be impacted by such a determination. If abuse or violence is a possibility, then visitation might not be allowed at all or only under supervision.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.