Question asked on Apr 20th, 2014
Q: Is 4 arrests in 2 years (most recent being Nov 2013 DUI) all drug related, not passing court ordered drug test, TPO against him in 2012 from me and parents of his girlfriend’s, and CPS taking girlfriend and child away from living with my ex constitute an unfit parent? After he did not pass drug test judge gave him an extra weekend visitation. I am confused.
A: Parental “unfitness” has a lot of cases, notably in the Termination of Parental Rights situation where a parent neither supports, nor has contact with, a child. Your description is a bit vague, but that does not sound like your situation. General “bad character” evidence is not the same as unfitness for custody or visitation. From your description, the judge is obviously trying to accomplish something, although there are also family court judges who, on similar facts, apparently terminate ongoing visitation unless a parent cleans up. My suggestion is to have a detailed consultation with a qualified family law specialist for an analysis of what is being done and why it is being done, because it seems that the court is seeing, or believing, something different than you are.