Understanding the Legal Question of a Parent’s Fitness to Raise a Child

When a divorce is contentious and can only be resolved through litigation rather than mediation, allegations concerning a parent’s “fitness” to raise a child can often be a flash point. “You are not fit to raise our child” are words that cut deep and may turn an already hostile process into the most bitter of contests. If you believe that your ex-spouse is unfit to raise your child, know that parental fitness is a legal question. In other words, you cannot unilaterally decide that your ex-spouse is unfit as a parent. Lack of fitness is a multi-factor inquiry that is considered formally and has important legal ramifications.

Illinois Law Provides Criteria By Which to Establish If a Parent Is Unfit

On the ground in the real world, there are words that speak clearly to a lack of parental fitness: abuse, addiction, incarceration, and psychological instability, to name but a few. These blights on the welfare of a child are the true metrics by which the state of Illinois evaluates whether one or both parents of a child are legally unfit to have parental responsibility for their child. Here, the toughest of questions are asked:

• Does the parent have