Unfortunately, there are times when one parent is not fit to care for their child. The other parent can request sole physical and legal custody in these cases.
What makes a parent unfit for custody in Texas?
The courts will consider many factors and always decide in the child’s best interest. Here is what happens if a person is deemed unfit to hold onto their parental duties.
The Definition of an Unfit Parent
When you hear the term “unfit parent,” you might think of someone who doesn’t have the child’s best interests at heart. Sometimes, they do not have the resources to care for the child. Other times, they engage in risky behavior or have been arrested for abuse.
These individuals may not be fit to raise a child in those situations. In the state of Texas, an unfit parent cannot provide a stable and safe environment for their child. There are several factors taken into consideration before a person is deemed as an “unfit parent.”
What Factors Are Considered By the Courts?
The decision to declare someone unify is not taken lightly by the court system. Several factors can lead to this decision, including:
- History of drug or alcohol abuse
- Sexual abuse offenses
- Unfit living conditions
- Unstable environments
- Family violence history
If you are concerned for the safety of your child while they are in the care of a certain individual, you may have to turn to the courts for help.
What Is Needed to Declare Someone Unfit?
If you believe that the other parent is unfit to care for a child, you must present evidence to the court. Disagreements or hearsay are not proof. If you have a police report, those documents can outline any domestic disturbances or criminal activity conducted by the other individual.
Along with that, you may want to present text messages, emails, and phone logs to the court that can document threatening or inappropriate behavior on behalf of the other parent. Witness statements can also help to show that the person’s behavior has a detrimental impact on the well-being of a child.
If you have concerns about your child’s welfare while in the care of the other parent, make sure to reach out to a Texas attorney. With that, you can take the next steps to protect yourself and your child.
What Happens When Someone Is Deemed Unfit?
No one wants to be declared an unfit parent. At this stage, they will most likely lose their custodial rights and be unable to make any decision for the child. Along with that, they could lose any visitation rights and access to the child.
Child custody is a complex issue that has many factors at play. However, the child’s best interest is always the top consideration with Texas courts.
Learn More About Protecting Your Children
When you understand what makes a parent unfit for custody in Texas, you can make sure that your children are placed in the safest environment possible. If you have concerns about your child’s safety, contact the Law Office of J. Kevin Clark. You can schedule a consultation by calling (817) 241-3328.