When a Parent Is Considered Unfit in the State of Texas

An unhappy child in the custody of an unfit parent

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When Texas courts make child custody determinations, they always base them on the children’s best interests. Generally, a child’s best interests are presumed to include spending a significant amount of time with each parent. However, when one parent is deemed unfit, it can significantly affect or end that parent’s visitation with their children. Understanding what it means to be an unfit parent in the State of Texas is an important aspect of this determination. If you have questions or concerns about what makes a parent unfit in Texas, don’t wait to discuss the matter with an experienced Round Rock custody attorney.

Best-Interest Factors

Texas courts consider all of the following factors when making child custody determinations:

  • Each child’s physical and emotional needs, including any special needs

  • Each parent’s ability to address their children’s needs

  • Each child’s preference – if they are mature enough to offer a reasonable preference

  • Each parent’s preference

  • Whether child abuse or neglect is an issue in the case at hand, including any emotional or physical danger the children have been subjected to

  • Each parent’s overall physical and emotional health

  • Whether either parent has issues related to addiction

  • The stability of the home that each parent offers the children

  • Each parent’s commitment to providing the children with the love and care they need

  • Any acts or any failure to act by either parent that is indicative of an improper or unhealthy parent-child relationship

  • The relationship each parent has forged with each child

  • Each parent’s habits and lifestyle

  • The programs available to assist each parent in the promotion of their children’s best interests

  • The plans each parent has concerning the children

  • Any additional factors the court considers relevant to the case at hand

A parent who can’t live up to the responsibilities of parenthood may be deemed unfit.

What Is Considered an Unfit Home for a Child?

The State of Texas doesn’t have a legal definition of what it means to be an unfit parent or of what constitutes an unfit home. Instead, the court must consider a range of variables when making these critical determinations.

Evidence of instability can take many forms. Texas courts employ an exhaustive approach when they’re called upon to ensure that a parent or home is not unfit, such as when the other parent makes an accusation. Finding a parent or home unfit is always done in relation to the unique circumstances at hand.

Unrelated biases have no place in child custody rulings. And this includes biases related to gender. In other words, the mother is not necessarily more fit than the father to serve as the primary custodial parent.

The degree to which a home is or is not fit for children is based on a range of factors.

Financial Stability

While financial stability may not directly affect a parent’s ability to care for their children, it can affect their living situation, which can translate to an unfit home. A parent who can’t keep a job, moves frequently, gambles excessively, or has a history of not maintaining a fit home may be unable to maintain a stable living environment for their children.

Living Conditions

Both parents need to provide for their children’s basic needs when they are together, and part of this is providing them with all the following resources:

  • Adequate shelter

  • Nutritious food

  • Clean drinking water

  • A means of attending school

  • Access to necessary medical care

While parents aren’t required to be stellar housekeepers, they do need to meet basic standards of cleanliness and hygiene as it affects the children’s overall health and well-being.

The Emotional Environment

Even a pristine home with everything a child could possibly need can lack necessary emotional comforts. A good home means more than just the absence of emotional abuse. Children require living conditions that don’t cause them to experience undue fear, anxiety, or anger. When one parent is in a volatile relationship or has a history of emotional issues, it can directly affect the emotional environment of their home.

Time Spent with the Children

Having parenting time is not the same as spending quality time with one’s children. A parent who provides their children with the comforts of home but is not there for them contributes to an unfit home.

Others in the Home

If one parent’s home subjects the children to unsavory types, the home can be deemed unfit. For example, if the parent frequently hangs out with or lives with someone with a dangerous history, such as those that follow, the living environment may not be fit for children:

  • A history of violence

  • A criminal history

  • A history of sexual misconduct

  • A potentially dangerous psychological condition

  • Substance abuse

  • Emotional volatility

When a parent is deemed unfit, their home is almost certain to follow suit. However, when the home itself is the issue, there may be steps the parent can take to mitigate the circumstances and preserve their custody rights – or limit the custody restrictions they face. Contact a Round Rock family law attorney for help protecting your parental rights.

Neglect and Abuse: The Hallmarks of Unfit Parenting

In most instances, unfit parents are identified with either child neglect or abuse.


The State of Texas defines neglect as parental action or inaction regarding a child’s care, custody, or welfare that shows the parent’s lack of regard for the consequences they may have on the children. By nature, neglect can cause children to suffer harm or can put their physical health or safety in immediate danger.

Child neglect can come in many different forms:

  • Physical neglect, such as failing to adequately provide for a child’s needs for nutrition, shelter, or clothing or failing to provide the supervision necessary to keep the child safe

  • Educational neglect, which means failing to provide a child with the schooling required

  • Emotional neglect, which refers to not providing a child with the necessary nurturing and emotional support and can take the form of isolation, humiliation, or intimidation

  • Medical neglect, which refers to not providing a child with necessary and reasonable medical care


Texas defines child abuse as causing the child to suffer mental or emotional injury that leads to a significant impairment in their development, psychological functioning, or growth. Causing a child to suffer substantial physical injuries is also identified as child abuse.

Factors Considered in Relation to a Parent’s Level of Fitness

The additional factors the court considers when determining parental fitness generally fall into specific categories.

Setting Age-Appropriate Boundaries

Whether or not the parent sets age-appropriate boundaries for their children is an important concern. While such boundaries are somewhat subjective, some lines shouldn’t be crossed. Consider the following examples:

  • Adult-themed movies are not appropriate for young children.

  • A child who is younger than 11 generally can’t adequately care for younger children and shouldn’t be left home alone to babysit.

  • Without reasonable expectations and limitations, teenagers can get into considerable trouble.

Responding to Each Child’s Unique Needs

Children are individuals who need individualized care. Parents who aren’t sensitive to their children’s needs, who don’t communicate with them at a level they can understand, or who aren’t responsive to their needs may be considered unfit. Children need to be recognized for who they are, and parents who don’t make this a priority are less fit than parents who do.

Having a History of Healthy Parental Involvement

Parents who have a long track record of being there for their children, providing them with the care they require, and looking out for their best interests are generally considered fit. When, on the other hand, one parent allows the other to do all the heavy lifting in raising the children, it does little to bolster their parental fitness level.

Engaging in Productive Conflict Resolution

A parent who consistently engages in productive conflict resolution with the other parent demonstrates their commitment to successful co-parenting, which is in the children's best interest. A parent who takes every opportunity to make the situation more challenging and contentious is less fit.

If you are facing a contentious custody battle, work closely with a Round Rock family law attorney. He or she will help you navigate your case as smoothly as possible and negotiate custody that protects your rights.

Not Having a History of Domestic Violence

Even if the parent has never physically abused one of the children, engaging in domestic violence against the other parent is a bad sign that can directly affect the court’s child custody ruling. Violence in any form – and against anyone – does not correlate with effective parenting.

Prioritizing the Best Interests of the Children

In the process of prioritizing the best interests of the children in custody cases, Texas courts explore many aspects of their lives. This examination includes the children’s physical safety, their physical and mental health, how well their basic needs are met, and their overall well-being.

If you have questions about your ex’s fitness as a parent, you will need to alert the court to your concerns. The following kinds of evidence can help you build a case for the court: evidence:

  • Correspondence, including electronic correspondence, that demonstrates characteristics suggestive of unfit parenting

  • Recordings and voicemails that capture your ex’s emotional volatility or any other unfit trait

  • Any relevant police reports

  • Statements made by eyewitnesses

  • Statements made by your children

Being found unfit will not automatically negate your ex’s parental rights. These matters are determined on an individual basis. The severity of the situation will guide the court’s ruling, but Texas courts recognize that people make mistakes and that children are generally best served when they are afforded time with both parents. Only when a parent is deemed unfit to the degree that they pose an imminent and ongoing danger to their children are they stripped of all parental rights.


The answers to the following frequently asked questions may help you resolve your own concerns about being a fit parent. If you have questions specific to your case, don’t hesitate to reach out to a knowledgeable Round Rock family attorney.

What Makes a Parent Unfit?

Unless verifiable child abuse or neglect is involved, there is no clear definition of what makes a parent unfit in Texas. Instead, courts consider a range of factors related to the individual’s ability and commitment to parent effectively.

What Are Considered Unfit Living Conditions for a Child?

When the home a parent provides doesn’t afford their children a safe, sanitary shelter that accommodates a healthy lifestyle, it can be deemed unfit. While the home of an unfit parent is more likely to be deemed unfit, unfit living conditions don’t necessarily make the parent unfit – if they are willing and able to make the necessary adjustments.

How Can I Prove I Am a Fit Parent in Court?

If your fitness as a parent has been called into question, the most important step you can take is to consult with a dedicated Round Rock child custody attorney. Proving that you are a fit parent may involve having a child custody evaluation, which includes a home inspection as well as personal interviews regarding your parental fitness.

A trusted child custody attorney can help you identify your parenting strengths and can help you make any modifications that are in the best interest of your children and that bolster your standing in the court. In the end, your children’s physical health and emotional well-being are paramount, and your efforts to improve your parenting skills will benefit all involved.

An Experienced Round Rock Child Custody Lawyer Is on Your Side

Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas – is a focused child custody attorney who harnesses the full force of his imposing experience and legal skill in pursuit of advantageous case resolutions, and he’s on your side. Our practiced legal team is standing by to help you, so please don’t wait to contact us online or call us at (254) 781-4222 and schedule your FREE consultation today.

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