The process of determining child support and custody arrangements is one of the most painful elements of any Texas divorce. Both parents typically want a custody plan that meets the best interests of their children. Unfortunately, what one or both parents feel is best might not match the court’s take on these issues.
For example, say you believe your co-parent is not fit to have custody of the children. If you cannot show the court why your co-parent is unfit, the judge in your case will likely disregard your claims. This brings up questions about how courts in Texas determine what makes a parent unfit.
The examples below can shed some light on a court’s approach to unfitness during child custody and support negotiations. It is important to note that the laws differ from state to state. A family law attorney can help you identify whether your co-parent is truly unfit before you present your case to a judge.
- A history of drug or alcohol abuse
- Desertion, neglect or abandonment of the child
- Cruel and/or abusive behaviors
- Failure to maintain responsibility, concern or interest in the child’s wellbeing
When you feel strongly that your co-parent is not fit to raise and care for your children, don’t be afraid to seek legal counsel. In many cases, an attorney experienced in child custody and support issues can aid in gathering the necessary evidence.
Once you have your evidence in hand, your legal advocate can help you present your case to a San Antonio family court. Since courts in all states have a duty to protect a child’s best interests in all family law matters, you have a good chance of acquiring the best outcome for your kids.