When determining ''fit parent'' in a custody hearing (or even visitation petitions), does government financial fraud (e.g., welfare, income tax, etc.) enter into the ''fit'' or ''unfit'' parent determination and if so, to what degree?
2 Answers from Attorneys
Re: Fit Parent
It really depends on a lot of factors. First of all what is the policy of the Court. Some Courts may treat this more seriously than others. It also depends whether or not charges have been filed and whether or not you can prove the charges. It will be one of many factors the Court will use in determining the outcome of the case.
Re: Fit Parent
It depends. The test we used in dependency cases (abuse/neglect) was how the behavior in question impacted on the ability to provide care. Arguably, moral turpitude in the commission of a crime of deceit will impair the ability of parent to impart acceptable morals to a child. This would probably be less a concern if the child were an infant rather than a 12 year old. But it all goes into the equation and will have to be weighed along with all other factors.
You must add to this the question of whether the acts in question can be proven and whether they will even be admissible.
Sorry can't be more specific. But determining child custody is a lot like criticizing art. Every one has their own opinions.
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