Can my right to the custody of my child be removed?

The right to custody of a child may be removed when it has been found that a parent is unfit to be the child’s custodian.  When determining the fitness of a parent, the court will consider several factors, including:

• a parent’s moral unfitness, where it has a direct impact on the child’s welfare;
• his or her irresponsibility as a parent, especially if the irresponsibility is a pattern;
• a parent’s mental and emotional health;
• a parent’s alcohol or drug abuse; and
• the adultery or marital misconduct of the parent, where it has been shown to have affected the child, but such conduct is not on its own show that the parent is unfit to have custody.

This is not a complete list and it is important to note that a court will consider all factors when determining the fitness of a parent.  Any award of custody or visitation will be determined in accordance with what is in the best interest of the child.