Child Neglect Failing to provide adequate medical or dental care for a child, which creates a substantial risk of bodily injury, disfigurement, or death. Placing a child in or failing to remove him or her from a situation where the child is exposed to a significant risk of physical, emotional, or mental harm.
In a word, no. Even if they sign the baby's birth certificate, unmarried fathers have zero parental rights in Texas. They have no inherent right of to access to their children. The mother unilaterally decides when, and indeed if, visitation is possible.
For example, in some cases, a mother may lose custody of her child because the court believes that it is in the best interest of the child. This can happen if the court determines that the mother is unfit to care for the child due to issues such as drug addiction, mental illness, or neglect.
In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.
CPS takes into account various factors when determining whether a child should be removed from their home. These factors include the immediate risk of harm to the child, the seriousness of the alleged abuse or neglect, the parents' ability to provide a safe environment, and any history of previous incidents.
The unfit parent may have a history of domestic violence, child abuse, substance abuse, child neglect, felonious behavior, parental alienation, sexual abuse, or many other behaviors that would put a child at risk of various types of harm.
Can CPS take my child? Yes. If CPS investigates a report and believes the child to be in danger, it can remove the child from the unsafe environment. An unsafe environment may involve physical violence to the child or another household member or sexual contact with a child.
What Makes A Parent Unfit? Looking at those final factors is where a parent runs the risk of being deemed unfit. There are two major triggers that will almost automatically determine a parent unfit for custody: abuse and neglect. If there is any history of domestic violence, a parent will not get physical custody.
While it is possible for one parent to win full custody of the children after a divorce, it is usually an uphill climb, legally. Texas courts begin every custody case with the presumption that it's always better for the divorced parents to share custody in a joint managing conservatorship.
A father would need to gather evidence and present documentation that there is a history of physical abuse, emotional abuse, sexual abuse, violence, neglect, or another intentional form of misbehavior by the other parent against the child. There is a time restriction, however.
The Texas Family Code, under section 161.001(2), stipulates that a parent's rights may be involuntarily terminated if they have voluntarily left the child alone or in the possession of another without providing adequate support for a period of at least six months.
Joint Managing Conservatorship: Texas generally favors joint custody arrangements, referred to as joint managing conservatorship. It allows both parents to share in the decision-making responsibilities for the child.
The Answer: 12 Years Old & Over
So, when can a child choose which parent to live with in Texas? The law allows the judge to interview a child that is 12 years of age or older concerning custody.
In Texas, both fathers and mothers have equal rights when it comes to their children.
A unmarried mother who gives birth to a child automatically gets the full legal rights of motherhood in Texas. She gets full custody and decision-making rights regarding the child's upbringing unless and until the father asserts paternity rights.
When a child is born to an unmarried couple, the father has no legal rights unless he establishes them, even if the mother names him as the father. With more than 40% of Texas children born to unmarried parents, they do not have a “father” until the man's parental rights are established.
Mothers' Rights in Texas Child Custody. Mothers have substantial rights to child custody, regardless of whether they are married to the father or not. In fact, mothers in many ways have more rights than fathers—at least initially.
The Factors Judges Consider In Child Custody Decisions
These include: The child's age and health. The age and health of the child's parents. Whether there are any special needs involved – again, with either the child or their parents.
While it is the preference of Texas courts to grant joint custody, according to Texas Family Code, Title 5, §153.002, ultimately “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”
The questions asked by the judge will vary depending on the age and maturity level of the child, but often focus on the child's living situation, routines, and relationships with both parents.
Refusal to Co-Parent
When one parent's refusal to cooperate substantially negatively impacts the child's health, safety, education, or general welfare, a court may entertain a petition to modify custody based on a material and substantial change in circumstances.
There is no set time for a father to be absent to lose his rights in Australia. The only way for a father to lose their parental rights is through a court order made through the Family Court. Sole parental responsibility is when one parent is responsible for the major long-term decisions of the child.
A CPS worker can take a look at your child's bedroom, toys, food available, etc. The worker might even want to speak to your child during the home visit. Their main concern is that your child is well-taken care of at home. It's important to prepare your home so that it is clean and ready for a home visit.
3. What CPS Cannot Do During an Investigation. There are certain actions that CPS cannot take without proper consent. CPS cannot enter your home unless you give them permission to do so, they have a court order allowing them to lawfully enter your home, or have compelling evidence that your child is in immediate danger ...
You are not obligated to speak with a CPS investigator or caseworker; you have the right to consult an attorney before answering any questions. However, ignoring CPS can have negative consequences, so it's essential to balance protecting your rights and cooperating with the investigation.