Texas parents who are concerned about their child’s safety with the other parent during a divorce may not always have an easy time convincing a court that the other parent’s access to the child should be blocked. One man, who said he had always been his 7-year-old son’s main caregiver, was worried that his wife would drink and drive with the child in the car. He was also concerned about the fact that their son was with her and that she had cut off contact.
Parents who want to keep the other parent away from the child for safety reasons may encounter a few obstacles. They might need to present some evidence to the court, such as a police record, to show that there is a problem. However, even demonstrating alcohol abuse may not be sufficient. One father drank nightly, but a court ruled that this did not prove he drank when he had the children with him and that he could still have access to them.
Parents should document taking their children to the doctor, going to school meetings and anything else they do to take of them. They should also note any confrontations. In the absence of police reports, witnesses might provide evidence that a parent is unfit. The parent may be required to have a psychological evaluation or blood test.
Even parents who are going through a relatively amicable divorce may struggle with child custody decisions. It can be hard for parents to give up any time with their children, but they should keep in mind that spending time with both parents is considered to be in the best interests of the child. Parents should also understand that a disagreement about parenting approaches is not reason enough to try to block the other parent’s access to the children.