Battling parents in a heated divorce have been known to make allegations against the other parent of neglecting the child or children of the marriage. Child neglect is a very serious allegation and what constitutes child neglect is quite specific in Texas law.
Things such as not helping with the child’s homework because you’re busy with something else or failing to take the child to a sporting event is regrettable, but it is not neglect. Neglect includes such things as:
- leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for the necessary care for the child
- placing a child or failing to remove a child from a situation requiring actions or judgment beyond the child’s capabilities
- failing to get medical care for the child resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or that results in observable and material impairment to the growth, development, or functioning of the child
- failing to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child
- placing the child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child
Neglect of a child by a parent will weigh heavily in any custody decisions a court makes. Before raising the matter before a court, be sure to consult with your lawyer to make sure the conduct of the party you are accusing of neglect falls within the statutes.
The Barrera Law Firm can help you with divorce and child custody issues. Call us at (956) 428-2822 for a free consultation or complete our online form.