How Do Texas Courts Decide if a Parent Is Unfit?

 Posted on November 18, 2025 in Child Custody

When a Texas court decides who should have custody of a child, the judge’s main goal is to protect the child’s safety and emotional well-being. If questions come up about whether a parent is "unfit," the court looks at all the facts before making a final ruling. If you have been accused of being an unfit parent or have concerns about the "fitness" of your co-parent, a Weatherford, TX child custody lawyer can help.

What Does It Mean to Be an "Unfit Parent" Under Texas Law?

The word "unfit" has a legal meaning in Texas. Judges base custody decisions on Texas Family Code §153.002, which says that every custody order must focus on the child’s best interests. A parent may be considered unfit if the child’s physical or emotional safety is at risk when they are with that parent

Long-term drug or alcohol use, domestic violence, or not providing basic care such as food, shelter, or supervision are common examples of reasons a parent may be unfit. The court looks for patterns of behavior, not one-time mistakes. Under Texas Family Code §153.131, a parent may lose custody if living with them would "significantly harm the child’s physical health or emotional development." These laws are designed to ensure children grow up in safe and stable homes.

How Do Texas Courts Investigate Allegations of Unfitness?

When one parent says the other is unfit, the court will typically look into it. However, judges need proof. To find out the truth, a judge may order a custody evaluation under Texas Family Code §107.101. A custody evaluation is conducted by a trained professional, often a social worker or psychologist. This person meets with both parents and the child, visiting each home, talking to family members, and sometimes speaking with teachers or doctors.

The evaluator’s report helps the court understand what life is really like for the child. The court also reviews things like police records, CPS reports, or any protective orders. Efforts to fix issues will usually work in the parent’s favor. For example, going to counseling or finishing a treatment program can help them. Ultimately, the judge wants a clear, complex picture of the entire situation.

Can a Parent Regain Custody After Being Found Unfit in Texas?

If a parent loses custody, it does not have to be forever. Texas law allows parents to ask for custody again if they can prove that they have changed. The court will want to see clear proof that the parent addressed the issues that led to the earlier decision. This could mean completing rehab, attending therapy, or finding safe housing. Judges often want to see progress over time, not just promises of change.

The parent may first regain limited or supervised visits before full custody is restored. The law generally supports giving parents a fair chance to rebuild trust, but the child’s safety and security remain the priority.

Contact a Palo Pinto, TX Child Custody Attorney Today

Custody is a sensitive issue that requires a thorough understanding of Texas family law. Attorney Kary L. Key, a Certified Family Law Mediator since 2006, has more than 25 years of experience helping Texas families. She understands how emotional and complicated custody and support cases can be.

With the help of a trusted Weatherford, TX child custody lawyer, you can build a plan to protect your parental rights. At The Law Offices of Kary L. Key, we can help build your case and present it clearly in court. Call 817-599-6969 to schedule a consultation today.