In our last post, we discussed situations where frustrated parents may seek to have court intervention to resolve issues with a difficult parent. While they may seem like problems that a Texas family court judge should resolve, the reality is that many problems surrounding differing rules between parents’ homes, a parent’s choices in entertainment, or new love interests in their lives will not merit a hearing.
More importantly, they may serve as the impetus for changing custody.
Nevertheless, there are situations where a judge will intervene and consider a change; either in parenting time or custody. Essentially, when a parent exhibits a pattern of irresponsible or dangerous behavior that could result in the child being harmed, the court is more likely to act. The following are common examples.
Drug and/or alcohol abuse – A parent who has multiple DWIs (or a DWI with the child in the car) or has a pattern of drug possession convictions would be scrutinized very closely by the court. Also, claims of neglect based on substance abuse would merit a change.
Claims of physical violence and/or abuse – Family court judges take physical abuse claims very seriously. Indeed, Texas law gives broad discretion to parents in how corporal punishment is used. However, once punishment crosses the line into abuse, very little deference is given.
Chronic absences from school – A continuous pattern of absences from school could be a sign that a parent is not making responsible choices, and is not currently ready to be a parent. After all, parents are charged with the legal responsibility of making sure that their children attend school.
Further, there are elements of Texas criminal law that could be implicated with these types of actions. If you have questions about how they may affect your situation, an experienced family law attorney can help.
Source: Ehow.com, Reasons for losing custody of children