In a divorce, one of the most difficult decisions that a parent may have to make is determining the custody of their children. In Texas, the courts aim to make a determination that is in the best interests of the child. However, in some cases, a mother may want to keep the children away from the father. It is important to understand the legal considerations and potential consequences of such a decision.
In Texas, the courts prefer to award joint custody to both parents, as long as it is in the best interests of the child. Joint custody means that both parents have equal rights and responsibilities for the child, including the right to make decisions about the child’s upbringing. However, if the court finds that joint custody is not in the best interests of the child, it may award sole custody to one parent.
If a mother wants to keep the children away from the father, she will need to prove to the court that it is in the best interests of the child to do so. This can be a difficult burden to meet, as the court will consider many factors when determining the best interests of the child. These factors include the child’s age and physical and emotional needs, the parents’ abilities to care for the child, and the child’s relationship with each parent.
One of the most common reasons that a mother may want to keep the children away from the father is due to allegations of abuse or neglect. If a mother can provide evidence that the father has abused or neglected the children, the court is likely to take this into consideration when determining custody. However, it is important to note that the burden of proof is on the mother, and she will need to provide evidence that the father has abused or neglected the children in order to be successful.
Another reason that a mother may want to keep the children away from the father is due to his criminal history or drug or alcohol abuse. If the father has a history of criminal activity, or if he has a problem with drug or alcohol abuse, the court may be more likely to award sole custody to the mother.
It’s important to note that the court’s primary concern is the best interest of the child. If the mother can prove that the father’s presence in the child’s life would be detrimental to their well-being, the court may decide that it’s best for the children to have limited or no contact with their father. However, if the father can prove that he has rehabilitated himself, and that he is now capable of providing a safe and healthy environment for the children, the court may decide that the children should spend time with him.
In conclusion, a mother can keep children away from the father in a Texas divorce, but it is important to understand that the court’s primary concern is the best interests of the child. The mother will need to provide evidence that it is in the best interests of the child to keep the children away from the father, and she will need to prove that the father has abused or neglected the children, or that he has a history of criminal activity or drug or alcohol abuse. It’s important to consult with a family law attorney to understand the legal process and to ensure that the best interests of the child are protected.