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When two people who have not been married have a child, the lawsuit that is filed in court to determine custody, duties, rights and visitation (among other things) for a child is called a Suit Affecting Parent Child Relationship ( SAPCR).
A history of drugs or alcohol. Sexual offenses. Emotional abuse. Unfit living conditions. Unstable environments. A history of family violence, however, is intolerable and almost always deems a parent unfit.
By Texas law specifically, an unfit parent is considered anyone who could potentially have a significant and negative impact on a child's emotional development or physical health. Examples of behavior that could get a parent labeled unfit include neglect, abandonment, or active abuse.
Establishing parentage is necessary before custody, visitation, or child support will be ordered by a court. You can ask the judge for child support or custody and visitation orders as part of a case that establishes the child's parentage.
When can my child decide which parent to live with? In Texas, a child's decision cannot be the sole factor in determining which parent the child lives with. However, once the child reaches the age of 12, and upon motion, the court can consider the child's wishes as to whom he/she wishes to live with.