What are Unsuitable Living Conditions for a Child?

There are common misconceptions around what, exactly, constitutes unsuitable living conditions for a child, from a legal standpoint.

Most parents understand that physically abusing their child is wrong and will result in a report of child abuse and an investigation by Child Protective Services (CPS). If the investigation confirms that physical abuse has occurred, it could lead to court involvement, criminal charges, and even a transfer of the parent’s custody of the child in order to protect the child from the parent’s abusive behavior.

But not every parent understands that even if they do not physically abuse their child, they can still lose custody of their child by acting (or failing to act) in a way that is harmful to the child or negatively affects the child’s health, well-being, or best interest. 

Whether parents are married, unmarried, or divorced, either parent may risk losing custody of their child by subjecting the child to unsafe living conditions or an unsuitable home environment while in the custody of the parent. 

What constitutes unsuitable living conditions for a child?

Unsuitable living conditions for a child are any conditions that present a risk of harm to the child or negatively affect the child’s physical, mental, or emotional well-being. This can occur in a variety of ways. 

Neglect

A court will consider removing a child from the custody of a parent who cannot provide the child with the daily necessities of life, such as food, clothing, shelter, and medical care. A parent may lack the financial resources to provide for a child’s needs. Even though this may not be the parent’s fault, the child’s well-being is always the primary concern.

Often, however, a parent may neglect a child’s needs because of their own behavior, such as alcohol or substance abuse, lack of supervision, or simply a failure to be present. Regardless of the reason, a parent’s neglect of a child’s needs can result in a loss of custody. 

A parent may neglect a child by failing to provide any of the following:

1. Proper nutrition

Every child should receive proper nutrition. Neglecting a child’s nutritional needs can result in dehydration and malnourishment or obesity, putting the child’s health seriously at risk.¹ If a child regularly returns from the custody of the other parent expressing hunger, tiredness, or fatigue, this may be a sign that the child’s nutritional needs are not being met by the other parent.

Failing to provide a child with healthy food and proper nutrition when a parent has the resources to do so is neglect and may jeopardize the parent’s custody of the child. 

2. Proper hygiene/clean clothes

If the child regularly returns home from custody with the other parent in the same or dirty clothes, is malodorous or unbathed, or has not brushed their teeth for an extended time, the other parent may be neglecting the child’s proper hygiene. Evidence of poor hygiene often may be reported by school officials and may constitute neglect.  

3. Safe/sanitary living conditions 

Every parent must provide their child with a clean, safe living environment, like a house, apartment, or other structure that provides shelter from the elements, like rain, snow, and extreme temperatures. The structure should provide access to water and electricity, and should be free from infestation. 

4. Proper medical care

Every child is prone to accidents and illness. However, if a child has medical conditions that a parent fails to address, this may constitute medical neglect.² Untreated wounds may lead to infection and more serious consequences. Illnesses may linger or worsen without proper medical attention.

Any medical conditions that cause a child pain, debilitation, or the risk of serious harm that a parent fails to address constitutes medical neglect.   

5. Security/supervision 

A child’s living conditions must not only be safe from the natural elements but must protect the child from the immediate and surrounding environment. A child should always be supervised and safe from dangerous surroundings or access by strangers.

If a child has access to firearms, drugs, or alcohol in the home or experiences multiple unexplained accidents or injuries, or if other adults have unsupervised access to the child, the parent is neglecting to supervise the child and should not maintain custody of the child.

Alcohol Use Disorder (AUD) / Substance Use Disorder (SUD)

A parent suffering from Alcohol Use Disorder (AUD) or Substance Use Disorder (SUD) can create particularly unsuitable living conditions for a child. However, this does not mean that any parent with AUD or SUD is automatically unfit to have custody.

Custody is only affected when the disorder negatively impacts the home environment and, in turn, the child’s well-being.

How AUD can affect a child

Because AUD can influence a parent’s behavior in many ways, it also has numerous potential negative effects on a child. Studies show that children living with an alcoholic parent are four times more likely to develop AUD compared to those without a family history of alcohol misuse. Additionally, living with a relative with AUD accounts for almost half of a child’s individual risk of developing the disorder later in life.³

One major reason for this is epigenetics – the interrelationship between genes and environment. While some children may be born with a genetic predisposition to developing AUD, they are not born with the disorder itself. Instead, environmental and psychological factors often serve as triggers.

Even without a family history of alcohol misuse, a child can still develop AUD due to the home environment, making parental alcohol consumption a significant risk factor.

Behaviors that trigger risk factors for developing alcohol use disorder in children

A parent experiencing an alcoholic episode may engage in behaviors that increase their child’s risk of developing alcohol use disorder, such as:

• Drinking in the child’s presence
• Encouraging or trivializing alcohol consumption
• Making alcohol easily accessible
• Failing to supervise the child
• Neglecting the child’s basic needs due to intoxication
• Creating chaos, tension, and stress in the home
• Becoming suddenly aggressive or even violent

Additionally, when a child grows up in the custody of a parent with AUD, alcohol consumption can become normalized. Seeing a parent use alcohol to cope with stress, sadness, disappointment, or even to celebrate accomplishments can lead the child to adopt similar drinking behaviors – further increasing their risk of developing AUD.

Physical Harm/Abuse

Domestic violence

Any indication of domestic violence or physical abuse of a child or other family member will be sufficient for the court to consider modifying a parent’s custody of the child.

• If a child discloses or demonstrates bruises, abrasions, or unexplained injuries, or is hesitant to reveal such injuries, a parent should immediately seek a medical assessment to determine the nature and origin of the injuries.
• If the child is experiencing physical abuse while in the custody of the other parent, the parent should petition to modify custody. Even if the child is not being physically abused but is exposed to domestic violence committed against another family member, the parent should intervene to protect the child by requesting to modify custody. 

Sexual abuse/exploitation

According to the U.S. Centers for Disease Control and Prevention, 90% of child sexual abuse is perpetrated by someone known and trusted by the child victim or the victim’s family. Approximately 30-40% of victims are abused by a family member.⁴ One study even revealed that in cases involving parental production of child sexual abuse material, the offender was the child’s biological father (58%) or stepfather (41%).⁵ The child biological mother was a co-offender in 28% of cases.

Because child sexual abuse victims often do not disclose their abuse because of fear, shame, or misplaced guilt, parents must be vigilant in identifying signs of child sexual abuse and responding to disclosures of sexual abuse.⁶ 

Mental or Emotional Harm

Physical or sexual abuse of a child can cause long-term psychological and emotional trauma to a child as well. However, less obvious mental and emotional abuse can occur as part of a child’s daily living condition in the home.       

Emotional abuse can include:

• Constantly criticizing the child
• Embarrassing or humiliating the child
• Calling the child names
• Being sarcastic
• Making the child the subject of jokes
• Blaming the child
• Degrading the child or forcing the child to perform demeaning acts
• Unreasonably controlling the child’s life
• Pressuring the child to perform or not recognizing the child’s limitations
• Exposing the child to stress, hostility, fighting, or screaming in the home
• Not allowing the child to have friends or socialize
• Persistently ignoring the child
• Excluding or isolating the child 
• Withholding affection from the child⁷

Because children, particularly teenagers, are naturally emotional, it can be difficult to know that a child is suffering emotional abuse. However, a parent can look for common signs of emotional trauma, such as:

• Unusually quiet, timid, or withdrawn
• Extreme lack of confidence
• Inability to control their own emotions
• Difficulty establishing or maintaining relationships
• Demonstrating age-inappropriate behaviors⁸ 

Emotional abuse can be just as harmful to a child as physical abuse and can have long-term consequences. Removing a child from the custody of a parent who is emotionally abusive may be an appropriate response to protect the child.

Instability

Instability in a child’s family or home life can negatively affect the child. If a parent moves locations frequently or often causes the child to change schools, activities, and friends, custody with that parent may not be in the child’s best interest. 

Even if a child’s home life is geographically stable, instability in the family can be psychologically traumatic to a child.⁹ Family chaos in the home, including stress, tension, arguing, screaming, or exposing the child to parental issues can cause the child to feel frightened, anxious, or depressed.

Likewise, if a parent demonstrates inconsistent behavior, emotions, or discipline, such as when intoxicated or impaired, the child may be psychologically confused and constantly on edge. Custody with a parent who creates instability in a child’s home life may not be in the child’s best interest.        

A final note on unsuitable living conditions

Ensuring a child’s safety and well-being is a fundamental responsibility for every parent. While physical abuse is widely recognized as a cause for loss of custody, many parents may not realize that neglect, unsuitable living conditions, instability, and emotional harm can also jeopardize their parental rights. A home environment that lacks proper supervision, hygiene, nutrition, or medical care – or one impacted by substance abuse or domestic violence – can be deemed unsafe for a child.

Courts prioritize the best interests of the child, and any behavior or conditions that place a child at risk can lead to serious legal consequences, including custody modification. By understanding these risks, parents can take proactive steps to create a stable, supportive, and secure environment for their children.

Sources

1. C Stavrianos, D Stavrianou, I Stavrianou, P Kafas. Nutritional Child Neglect: a Review. The Internet Journal of Forensic Science. 2008 Volume 4 Number 1. https://ispub.com/IJFS/4/1/8472 ↩︎
2. https://pmc.ncbi.nlm.nih.gov/articles/PMC7561645/ ↩︎
3. https://behavioralhealth-centers.com/blog/how-does-alcoholism-run-in-families/ ↩︎
4. https://www.cdc.gov/child-abuse-neglect/about/about-child-sexual-abuse.html ↩︎
5. https://www.unsw.edu.au/newsroom/news/2021/02/new-research-shows-parents-are-major-producers-of-child-sexual-a ↩︎
6. https://www.mayoclinic.org/diseases-conditions/child-abuse/symptoms-causes/syc-20370864 ↩︎
7. https://www.parents.com/what-is-emotional-child-abuse-4157502 ↩︎
8. https://www.nctsn.org/what-is-child-trauma/about-child-trauma ↩︎
9. https://cms.childtrends.org/wp-content/uploads/2019/08/r03brief_ChildTrends_Aug2019.pdf ↩︎