Acts Inconsistent

For a non-parent, like a grandparent, to assert standing in a custody action against the parents of a child, the non-parent must prove by clear, cogent, and convincing evidence that the parents are unfit or have acted in a manner inconsistent with their protected status. Here are 40 possible ways in which a parent might act in a manner inconsistent or be otherwise unfit:

1.      Abandonment of the child: Failing to maintain a relationship with the child, either physically or emotionally, for a significant period.

2.      Voluntary relinquishment of custody: The parent voluntarily gives custody to another person without an intention to reclaim it.

3.      Neglect: Failing to provide the necessary care, supervision, or discipline, which results in harm or risk of harm to the child.

4.      Chronic substance abuse: A pattern of drug or alcohol abuse that interferes with the ability to care for the child properly.

5.      Domestic violence: Exposing the child to an environment of violence or abuse, either directly or indirectly.

6.      Sexual abuse: Engaging in or allowing sexual abuse of the child.

7.      Failure to protect the child from harm: Not taking necessary steps to protect the child from known dangers.

8.      Repeated criminal behavior: Engaging in illegal activities that negatively impact the child's well-being or stability.

9.      Severe mental illness: A mental health condition that severely impairs the parent’s ability to care for the child.

10.  Involvement in dangerous or illegal activities: Exposing the child to illegal activities or environments, such as drug dealing or gang involvement.

11.  Failure to provide basic needs: Not providing for the child’s basic needs, such as food, shelter, clothing, or education.

12.  Parental alienation: Deliberately trying to turn the child against the other parent without justification.

13.  Chronic instability: A lifestyle that involves constant moves, changes in caregivers, or other factors that create an unstable environment for the child.

14.  Allowing others to take on the parental role: Consistently allowing another person to perform the duties of a parent, to the extent that the parent is no longer the primary caregiver.

15.  Disinterest in the child’s life: Showing a lack of interest in the child’s education, health, or general well-being.

16.  Failure to support: Not providing financial support for the child, even when able to do so.

17.  Engaging in inappropriate relationships: Exposing the child to inappropriate relationships or individuals, such as those involved in criminal activity or substance abuse.

18.  Refusal to cooperate with child protective services: Failing to cooperate with interventions or recommendations from child protective services aimed at ensuring the child’s safety.

19.  Poor judgment in caregiving decisions: Consistently making decisions that put the child at risk or are not in the child’s best interest.

20.  Extended periods of separation: Prolonged and unjustified periods of separation from the child, especially without maintaining a relationship or communication during that time.

21.  Exposing the child to hazardous living conditions: Allowing the child to live in unsafe or unhealthy conditions, such as a home with structural dangers, vermin, or unsanitary conditions.

22.  Emotional or psychological abuse: Engaging in behavior that causes significant emotional or psychological harm to the child.

23.  Repeatedly leaving the child in the care of unfit individuals: Consistently placing the child in the care of people known to be unfit, such as those with substance abuse problems or a history of abuse.

24.  Ignoring the child’s medical needs: Failing to seek necessary medical treatment for the child or not following through with prescribed medical care.

25.  Inconsistent involvement in the child’s life: Frequently disappearing from the child’s life for extended periods, creating instability and insecurity.

26.  Refusal to communicate or co-parent: Refusing to cooperate with the other parent in making decisions about the child’s welfare, especially when this leads to harm or neglect of the child.

27.  Lack of supervision: Leaving the child unsupervised in situations that require adult supervision, leading to potential danger or harm.

28.  Instability due to frequent relationships: Exposing the child to a revolving door of romantic partners, which creates emotional instability.

29.  Manipulation or exploitation of the child: Using the child for personal gain or to manipulate others, such as in custody battles or for financial benefits.

30.  Over-reliance on third parties for caregiving: Consistently relying on third parties (e.g., grandparents, friends) to take on primary caregiving roles, to the extent that the parent is not acting as the primary caregiver.

31.  Failure to foster a relationship with the other parent: Deliberately undermining or preventing the child from having a relationship with the other parent without a valid reason.

32.  Irresponsible behavior in front of the child: Engaging in reckless or irresponsible behavior in front of the child, such as excessive drinking, drug use, or dangerous activities.

33.  Refusal to provide or allow education: Preventing the child from attending school or not ensuring the child receives an education, either through formal schooling or homeschooling.

34.  Disregard for the child’s preferences or best interests: Consistently making decisions that are not in the best interests of the child, especially when the child’s preferences are known and reasonable.

35.  Failure to adapt to the child’s needs: Not adjusting parenting styles or approaches as the child grows and their needs change.

36.  Exposure to criminal or deviant behavior: Allowing the child to witness or be involved in criminal or deviant behavior, such as theft, vandalism, or drug use.

37.  Chronic financial instability caused by poor decision-making: Creating financial instability for the child through irresponsible financial decisions, such as gambling or excessive spending.

38.  Physical violence toward the child: Using physical force or corporal punishment that crosses the line into abuse or leaves lasting harm.

39.  Disregard for the child’s social development: Not allowing the child to engage in social activities or relationships necessary for healthy development, such as playdates, school activities, or family gatherings.

40.  Failure to recognize or address the child’s special needs: Ignoring or refusing to acknowledge the child’s special needs, whether they are physical, emotional, or educational, and not seeking appropriate resources or support.