What Is the Unfit Parent Law in Kentucky?

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No parent is perfect, so minor imperfections will not take away a parent’s rights. However, in Kentucky, being an unfit parent will cause the court to limit or reduce the interaction between that parent and their children or child. To learn more about Kentucky’s unfit parent laws, the post below will review these regulations in more detail and explain your legal options.

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What Is an Unfit Parent?

In Kentucky, an unfit parent is generally someone who consistently makes poor decisions and behaves in a manner that is not in the best interest of their children. In addition, if there are issues of abuse, neglect, or substance abuse, that parent may also be considered unfit. Moreover, in most cases involving an unfit parent, Child Welfare Services will likely become involved, and there is often a safety plan or an open, active investigation against the parent.

How Does the Court Determine an Unfit Parent?

There are numerous factors that the court uses to determine if a parent is an unfit parent:

Do They Set Age-Appropriate Limits

Although parents are not always great at setting age-appropriate limitations, allowing extreme situations can be a red flag for the court. As a result, the court will examine whether the parent sets age-appropriate limits for their child and what these limitations involve.  

Do They Understand and Respond to a Child’s Needs

Every child needs to be heard and cared for by each parent. The court will consider this care and understanding by looking at the following factors:

  • How sensitive a parent is to a child’s needs? 
  • Does the parent communicate with the child in a way they understand? 
  • How responsive is a parent to a child?

Is the Parent Involved With the Child

Each parent should be able to take care of their child. If a parent constantly relies on others to help or turns to the other parent to fill in during their time, it may be a cause of concern for the judge. Some factors that a judge will review include whether a parent has a solid track record of looking after the child’s well-being and whether the other parent constantly relies on help to take care of the child.

Have There Been Instances of Child Abuse, Domestic Violence, or Substance Abuse

Courts in Kentucky will also look into whether there have been instances of child abuse, domestic violence, and substance abuse. Specifically, the courts may look into the following situations:

  • Does the parent have a history of child abuse?
  • Has the parent ever been emotionally or physically abusive to the other parent?
  • Has the child witnessed any of this abuse?
  • Does the parent have issues with illegal drugs, prescription drugs, or alcohol?

What Is the Attitude of the Child Towards the Parent?

Both parents must foster and encourage positive relations between the parents and child. However, if a child acts out before visiting a parent or expresses concern about seeing another parent, there can be a sign of issues with the relationship. As a result, the court may determine if a parent is unfit by examining how a child feels toward the parent, whether the child is comfortable with the parent, and whether the child is afraid of the parent.

Contact Hoffman Walker & Knauf Today To Learn More About Unfit Parent Laws

If you believe your children are unsafe with another individual or you are worried you may lose custody, consider contacting an experienced Kentucky family law attorney at Hoffman, Walker, & Knauf. Our legal team can review your issues, determine your legal options, and help you fight for a solution that is in the best interest of your child.