My attorney said there has to be a showing of “significant impairment” - What does that mean?
Under the Texas Family Code, the term "significant impairment" refers to a condition or circumstance that significantly affects a parent's ability to care for their child or make decisions regarding the child's welfare. This concept is often referenced in matters related to child custody, visitation, and parental rights.
In Texas family law, when determining issues such as conservatorship (which involves decision-making rights for the child) or possession and access (visitation schedules), courts prioritize the best interests of the child. If a parent's abilities to care for their child are significantly impaired due to certain factors, the court may consider these impairments when making decisions.
Factors that might lead to significant impairment include, but are not limited to:
1. Substance abuse: A parent's addiction to drugs or alcohol that interferes with their ability to provide a safe and stable environment for the child can be considered a significant impairment.
2. Mental health issues: Severe mental health conditions that impact a parent's ability to make rational decisions or properly care for a child may be seen as a significant impairment.
3. Domestic violence: Engaging in or being a victim of domestic violence can affect a parent's ability to ensure the safety and well-being of the child.
4. Neglect or abuse: History or evidence of neglecting or abusing the child can be grounds for considering a parent's impairment in caring for the child.
5. Criminal activity: Ongoing criminal behavior or incarceration that limits a parent's ability to care for or be present for the child may be deemed a significant impairment.
The determination of significant impairment is usually made by the court based on evidence presented, such as testimony, documentation, witness statements, evaluations by professionals (like psychologists or social workers), and other relevant factors. The court considers whether these impairments hinder a parent's ability to act in the child's best interests.
It's important to note that each case is unique, and the court assesses these situations individually. The goal is to ensure the safety, well-being, and best interests of the child are the top priority in any decision made regarding custody, visitation, or parental rights.
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