The Love DuCote Law Firm LLC Legal Blog

When child custody involves unfit parent allegations

A Texas family court judge often has to make decisions by investigating a particular set of circumstances when one parent in a divorce case accuses the other of placing children at risk. There have been many cases in this state and others where a parent has falsely accused a co-parent of being unfit. Perhaps such a parent was trying to take revenge at his or her ex about past marital problems or divorce issues. In every case, the court makes child custody decisions carefully, keeping children’s well-being in mind at all times.

A concerned parent might have a legitimate reason for requesting sole physical and legal custody of children due to a co-parent placing the children at risk. If a former spouse has a substance abuse problem, for instance, or has been emotionally or physically abusive to the children in question, it is always best to bring such matters to the court’s attention. Sometimes, such issues are not present before or during divorce proceedings but arise after a child custody agreement has been signed.

In such cases, a concerned parent must do what he or she believes is best, either to contact local law enforcement if needed or to return to court and seek modification of a custody agreement, or both. Petitioning the court for sole custody does not necessarily mean the other parent will have his or her visitation or custody privileges removed immediately. In fact, he or she might still be allowed to see the children in a supervised setting.

Such cases are complex, and the priority is always to keep children safe. An attorney with experience in custody litigation can provide support to a parent seeking sole custody due to a co-parent being unfit. Such an attorney can also assist a parent who has been falsely accused of placing children at risk. A Texas family court judge will have the final say as to whether the court believes the children are at risk in the custody of one parent or the other.

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