Child custody

What is an unfit mother considered as?

Posted by brian on June 8, 2018

Legally, what constitutes an unfit mother varies from state to state. Depending on local family law, the same evidence and conditions may lead to entirely different conclusions, which is why you should thoroughly familiarize yourself with the exact laws of your state. Here is an introduction to the definition of an unfit mother in Texas.

What qualifies as an unfit mother?

According to Texas law, an unfit parent is one who would significantly impair the child’s physical health or emotional development. Thus, the accusation of unfit motherhood is contingent upon specific findings and evidence regarding those two key points. Any evidence of physical abuse will be weighed heavily, as will anything that falls under the much broader category of emotional development impairment.

In Texas family law, it is presumed that joint custody is the best option for the child. Evidence will need to be presented and a case will need to be made if either parent wishes to gain sole custody. However, if there is any history of violence involving the parents, then the aforementioned presumption vanishes.

What should you do in an unfit parent situation?

Where you seek to establish another as an unfit parent or defend yourself against such claims, many of the key steps are the same.

Firstly, you need to assess the evidence. Before you contact a lawyer or even the other party, you want to make sure that you are as informed as possible. Identify any key events, especially those where the authorities may have been contacted. The more of a paper trail there is, the better. Focus on defending and presenting yourself as the better choice for your child’s well-being.

Secondly, determine if you need a lawyer. Even if you don’t think it will be necessary, consider getting a consultation. You don’t want to lose your case because you didn’t have the necessary documentation prepared or you didn’t fully understand the complex court proceedings. If you live in Round Rock, TX, consider the Jackson Law Firm. We have years of experience fighting alongside our clients for a wide variety of reasons, including getting full custody, creating visitation arrangements, and many more.

For more information on our Round Rock Family Law Attorney, please visit our site.

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