Can the Court Punish You By Taking Away Time With Your Children?
Your relationship with your child matters. If you are going through a difficult experience, you may be wondering: Can a Texas court punish you by taking away time with your kids? The answer depends entirely on the specific circumstances of the case—but it is definitely possible if the court deems that time with you is not in your child’s best interests. Here, our Fort Worth child custody attorney explains the key you should know about when a court can take away time with your kids.
Background: The Best Interests of the Child is the Foundation of Texas Law
The best interests of the child always take priority in Texas.
In any type of child custody or child time-sharing case what is best for the health, safety, and well-being of the child will always be the primary consideration of the court. The desires of the parents are a secondary factor. By law, Texas courts have an obligation to ensure that any ruling aligns with the child’s best interests.
A Court Could Restrict (or Outright Prohibit) Time With Children When Necessary
To be clear, Texas also recognizes the rights of parents. It is state policy that it is inherently better for a child if he or she has an ongoing and positive relationship with both parents. That being said, a Texas court can restrict or outright prohibit a parent’s access to their child when deemed necessary to protect the child’s best interests.
Circumstances That Could Justify Taking Away Time With Your Children in Texas
What are circumstances that could justify the loss of parenting time in Texas? It is a harsh remedy reserved for a relatively set of cases. Here are some examples of situations in which a Texas court could potentially take away parenting time:
- Abuse or Neglect: If a parent has been found guilty of child abuse or neglect, the court may limit their access to the child to ensure the child’s safety.
- Substance Abuse: Substance abuse can endanger a child’s well-being. If one parent poses a threat due to substance abuse (alcohol or drugs), a Texas court can restrict their access.
- Criminal Activity: A parent with a criminal record, especially if it involves violent crimes, might be deemed unfit or unsafe for the child to be around.
- Mental Health Concerns: Serious untreated mental health issues can potentially affect a parent’s ability to care for a child. The court can decide to restrict access of a parent.
Speak to a Top Child Custody Lawyer in Fort Worth, Texas
At The Law Office of Kyle Whitaker, our Fort Worth child custody attorney is committed to protecting the best interests of parents. Have questions about your rights? We are here to help. Get in touch with us by phone or contact us online to arrange your completely private initial case review. Our firm handles complex child custody matters in Fort Worth and throughout North Texas.