Legal Question in Family Law in Maryland

Re: Declaring an unfit parent

A parent is not generally declared "unfit" in a custody action. The court instead tries to determine what is in the best interest of the child, regarding custody, without going so far as to say that one parent is unfit. Thc court does sometimes conclude that a parent is unfit, but that is generally in a CINA proceeding (Child in Need of Assistance) which involves the Department of Social Services in an action to terminate parental rights and turn the child over to the other parent or to foster care. A termination of parental rights does not happen before major attempts have been made to help the parent learn acceptable parenting skills and to ensure that the home is safe for the child. There are a lot of reasons for a CINA proceeding, including the presence in a home of an abusive person or a history of serious child neglect. If your question is based on a desire for a change of custody, you don't have to demonstrate any severely harmful conditions in the home of the other parent. You need to show that there has been a change of circumstance since the child was placed in the custody of that parent and that now it would be in the best interest of the child to be in your custody.

Re: Declaring an unfit parent

Declaring a parent as unfit is more difficult in marginal circumstances

than with seeking a change of custody. When seeking a change of custody, a threshold

test must first be met and then, if so, there are numerous factors that are applied

to determine the best interest of the child. Custody is comprised of two parts: physical and

legal. Both parts can be modified with a proper showing of the factors. These factors are numerous and the

assistance of an attorney is advised.

On the other hand, where the facts are clear to support a finding of an unfit parent, this may be an alternate

route to accomplish your goal. Again, it is not clear cut and, in the absence of clear proof, there is no "silver bullet".

Child custody modification often involves a modification to child support. Child support guidelines apply to this determination.

Modifying child support has a similar threshold test and, as with modification to custody, there will be

no modification permitted where the threshold test has not been satisfied.

If you wish to discuss your matter, please feel free to contact me for a free phone discussion.

G. Joseph Holthaus III

(410) 799-9002