Who is “Unfit” parent?
When two parents are fighting for child custody, the bottom line, at times, is who is a better parent.
The best interest of the child rests on which parent is ‘better’ capable of caring for the child.
No parent is perfect – because life is not perfect. But both parents want more time with the child.
Therefore, being an unfit parent will reduce a parent’s chance of getting more time with his or her child.
The Texas Family Code, section 153.131 states that a parent is unfit to have custody of a child if it would “significantly impair the child’s physical health or emotional development.”
Unfortunately, this definition is opened to broad interpretation. In other words, it is up to the parent to provide evidence of impairment.
What are some signs that the Court may look at and likely categorize a parent as ‘unfit’?
- Is there any history of child abuse or family violence?
- Is there any history of substance abuse or criminal records?
- Is the parent responsive to the child’s needs or neglectful?
- How involved is a parent in a child life – education, medical, and social functioning?
- How has the parent work with the other parent? Co-parenting?
- Is the parents providing for the child’s welfare?
- Does the parent have medical illness that incapacitate her or him from caring properly for the child?
Talk to a family attorney about your situation. Give us a call today or write to email@example.com.