False Allegation of Domestic Abuse
Factors that can lead a court to deem a parent unfit include:
- Instances of abuse or neglect;
- Willing failure to provide the child with basic necessities or needs;
- Abandonment of the child or children; or
- Exposing the child to emotionally harmful or psychologically damaging situations
A parent is more likely to be considered unfit if the court also concludes that these types of factors and conditions will continue in the future without any change.
In fact, many frivolous legal proceedings involve false accusations of unfit parenthood by the other parent. Filing a frivolous legal claim can result in serious negative legal consequences for that parent.
In recognition of these types of concerns and issues, courts will make all custody decisions using the child’s best interest standard. This means that they will examine all evidence and circumstances in order to create the parenthood arrangement that most benefits the child.