To prove a mother is unfit in Texas, individuals must provide evidence and documentation of abuse, neglect, family violence or environmental conditions that are not in the best interest of the child, according to Texas Family Law. Texas Family Codes were established to ensure each child's emotional and physical health.Continue Reading
Individuals who suspect a mother is unfit can file a claim with the courts and obtain a restraining order until judicial judgments have been made, according to Texas Family Law. It is recommended that the child or children involved in the case be evaluated by a family therapist or counselor to evaluate abuse or neglect.
When determining where to place a child in custody, Texas Family Law stipulates that credible evidence must show a history or pattern of present or past child neglect, physical or sexual abuse to determine if a parent is unfit. If family violence or sexual abuse is proven through testimony from witnesses, counselors or police and health records, the court can restrict, deny or limit possession of a child by a parent deemed unfit.
Even if a mother is deemed unfit, the court may still allow the child access to the parent if the child's physical health or emotional welfare is not in danger; however, the visitation may be supervised as ordered by the court, according to Texas Family Law.Learn more about Child Support & Custody
Texas law deems child custody as a conservatorship, which means a parent is referred to as a conservator instead of a custodian, according to FindLaw. Texas law stipulates that a judge must determine the terms of a conservatorship unless both parents agree on a custody plan in writing.Full Answer >
Texas adoption laws state that any adult may adopt a child after parental rights of that child have been terminated. Before adoption, Texas law states that each child must undergo health, social, educational and genetic studies and that each report contain reports of abuse, as noted in the state of Texas's Family Code.Full Answer >
As of December 2015, child support guidelines for Texas are on the website for the Texas Attorney General, TexasAttorneyGeneral.gov. The Frequently Asked Questions page explains many of the ground rules for the state, such as what the child support system is, what is it able to do, who is permitted to apply and where to file for support. FAQs also cover what information the attorney general's office needs to locate noncustodial parents and time variations for receiving child support.Full Answer >
Non-custodial parents in Texas feel that child support laws are unfair to them because they pay more child support payments than custodial parents. Also, the laws do not consider the capacity of the parent to make payments after having other children in another marriage, as detailed by DivorceNet.Full Answer >