Practicing Family Law With Heart For More Than 25 Years

Reasons why a parent might be deemed unfit for custody

On Behalf of | Dec 28, 2021 | Child Custody

One of the issues Texas parents who are getting divorced will need to figure out is custody. While they can have primary custody and visitation or sole custody, in some cases, a parent might be deemed unfit and this will affect the custody arrangements. As with all issues related to any children involved in a divorce, custody, and visitation are established with the best interest of the child as the standard.

Why can a parent be found unfit?

During the end of the marriage, the parents will need to negotiate or go to court for a variety of issues. Child custody is one of the most delicate issues they will need to solve. In some cases, parents will reach an agreement on joint physical and legal custody. In others, they might agree to have one parent have primary custody and the other visitation rights. However, in some cases, one of the parents will be deemed unfit and so the other parent will be granted sole or primary physical and legal custody. The reasons a parent might be found unfit include:

• Alcohol or substance abuse issues
• Mental health issues
• Child abuse issues
• Neglect

In all those cases, the parent’s condition creates an unsafe environment for the child and therefore might lead the court to declare them unfit. In some cases, if that parent had custody of the child at the time, child services and the authorities might become involved to remove the child from the home after an investigation.

How can a parent prove another parent is unfit during a divorce?

If a parent makes allegations that the other parent is unfit during the divorce, they must provide evidence. The parent who is accused would also then have a chance to dispute these claims with their own evidence, witness accounts, and character references.