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.
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.