Texas courts prioritize the best interests of children when making custody decisions. Certain parental behaviors can result in the loss of custody rights. If you are involved in a custody dispute or concerned about protecting your parental rights, call Rojas Law Firm at 210-299-4600 to schedule a confidential consultation with a reputable child custody attorney with more than two decades of experience handling cases throughout South Texas.

Child Neglect or Abuse

Child abuse or neglect is one of the most serious reasons a parent can lose custody in Texas. It can result in the immediate removal of children from a parent’s care. Texas Family Code § 153.004 prohibits courts from appointing a parent as a conservator if credible evidence shows a history of family violence within two years of filing. Forms of abuse and neglect include:

• Physical abuse that causes injury or harm.
• Sexual abuse or exploitation.
• Emotional or psychological abuse.
• Failure to provide adequate food, shelter, or clothing.
• Lack of necessary medical care or treatment.
• Inadequate supervision leading to danger.
• Educational neglect or truancy.

Violation of Court Orders

Parents who repeatedly violate custody orders show contempt for the court and disregard the other parent’s rights. When these violations become habitual, courts may reduce the offending parent’s custody time, require supervised visitation, or even grant primary custody to the compliant parent. Common custody violations include:

• Refusing to return a child after a scheduled visitation.
• Denying the other parent their court-ordered time.
• Making major decisions without required consultation.
• Relocating without permission or proper notice.
• Violating communication requirements.
• Interfering with the other parent’s relationship with the child.

Domestic Violence

Domestic violence between parents creates unsafe environments for children and heavily impacts custody decisions. Courts understand that children who witness domestic violence experience serious psychological harm, even if they are not physically abused themselves. Texas law requires courts to consider evidence of family violence when determining custody arrangements and may restrict or supervise a violent parent’s access to children.

Chronic Substance Abuse

Substance abuse that interferes with a parent’s ability to provide safe, stable care for their children can result in the loss of custody. Courts evaluate whether drug or alcohol addiction impairs parenting judgment, creates dangerous situations for children, or prevents parents from meeting their children’s physical and emotional needs. Evidence of substance abuse includes:

• Failed drug tests.
• Arrests for drug-related offenses.
• Testimony about intoxicated behavior around children.
• Missed visitation due to substance use.

Child Abandonment

Parents who abandon their children by failing to maintain contact, provide support, or demonstrate interest in their welfare risk losing custody permanently. Texas Family Code § 161.001 allows termination of parental rights when a parent voluntarily abandons a child and remains away for at least six months. Evidence of abandonment that courts consider:

• Extended periods without contact or communication.
• Failure to provide financial support.
• Unreturned phone calls and messages.
• Repeatedly missed visitation without valid reasons.
• No participation in important life events.
• Lack of interest in the child’s welfare or development.

Child Abduction

Parents who abduct their children or violate custody orders by taking children across state lines or out of the country face serious legal consequences. International parental kidnapping can result in federal criminal charges in addition to loss of custody rights. Courts often impose severe restrictions on future custody or complete loss of parental rights in abduction cases.

Untreated Mental Illness

Mental health conditions that impair parenting ability can lead to custody modifications when parents refuse treatment or fail to manage their conditions effectively. Courts do not automatically deny custody to parents with mental illness, but they evaluate whether psychiatric conditions prevent safe, appropriate care for children. 

Parents who deny their conditions, refuse professional help, or experience repeated psychiatric crises that endanger children will likely lose custody until they demonstrate stability through compliance with treatment, regular therapy attendance, and proper medication management.

False Accusations

Parents who knowingly make false accusations of abuse, neglect, or other serious misconduct against the other parent risk losing custody themselves. Courts take a dim view of parents who weaponize the legal system or manipulate children into making false allegations to gain custody advantages. Consequences of false accusations include:

• Loss of primary custody to the accused parent.
• Restricted or supervised visitation rights.
• Court-ordered therapy or parenting classes.
• Potential criminal charges for false reporting.
• Loss of credibility in future custody matters.
• Financial sanctions and attorney fee awards.

Facing a Child Custody Case? Contact Rojas Law Firm Now

Protecting your parental rights requires experienced legal representation from attorneys who understand Texas custody law and will fight for your relationship with your children. Call Rojas Law Firm at 210-299-4600 or reach us online to schedule a confidential consultation with a trusted Texas child custody lawyer who will advocate for your rights and your children’s best interests.