Competency is presumed unless there exists a reason to declare a person as mentally incompetent.There are several factors that would affect an individual’s competency to make a particular decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a Will. In many cases of mothers being non-custodial parents are simply due to scheduling conflicts that are the basis for the mother’s willingness to become the non-custodial parent. The circumstances under which the court may find that termination may not serve the child's best interests and under which a parent's rights may be reinstated also are addressed. For example, non-custodial parents who are mothers often encounter people who wrongfully assume the worst, thinking she is unfit or unwilling to mother her children. Courts generally won't hesitate to award sole physical custody to one parent if the other parent is deemed unfit -- for example, because of alcohol or drug dependency or charges of child abuse or neglect. In England and Wales the legal test of fitness to plead is based on the ruling of Alderson B. in R v Pritchard.The accused will be unfit to plead if they are unable: In 2000, however, the split decision in Troxel v.Granville opened the door for individual judges and States to apply their own rules to parental rights. One parent can have either sole legal custody or sole physical custody of a child. 1. A parent with an emotional or mental instability or disability may also be found to be unfit. If they can do these things, the law says they have the capacity to make their own decisions. A mother won’t be considered unfit just because she doesn’t have a complete library of Baby Einstein DVDs. Rather, there has to be some showing of endangerment to the child. This is usually done based on information following a psychiatric evaluation.. Malicious parent syndrome, or malicious mother syndrome, refers to tactics employed by one parent to make the other parent look bad in the eyes of the law, which generally harms the children involved in custody disputes following divorce. The specific elements of parental fitness are a matter of state law… Before you take any steps to have a court declare the other parent unfit, it is important that you are certain in your belief that the other parent is unfit. The parent with whom the child is not residing has the right to keep contact with the child. If the issue of fitness to plead is raised, a judge is able to find a person unfit to plead. How to Prove a Parent Unfit. Find out more about the Mental Capacity Act and download the Code of Practice on the GOV.UK website. Determine if the parent is unfit. In most places, it is quite difficult to prove whether a person is an unfit parent, and the definition of an unfit parent is often left purposely vague. The Mental Capacity Act Code of Practice gives more detailed guidance on how to assess someone’s ability to make decisions. During a custody dispute, a parent's ability to adequately care for the child may be called into question. In other words, maintain a personal relationship with the child. It is easy to get wrapped up in the stress of a divorce, but making a false or reckless accusation will do more harm than good. Learn about this and more at FindLaw's Child Custody section. Test. This publication provides an overview of State laws that provide the legal basis for terminating the rights of parents who have been found unfit to parent their children. A parent will be deemed unfit if his or her child is abused. 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