Executive Summary:
If you believe your ex is endangering your child’s health, you’re likely feeling anxious and unsure of what to do next. The good news is that Austin courts take child safety very seriously, and you have legal options to act quickly when your child’s well-being is at risk. This blog breaks down what qualifies as endangerment, the warning signs to look for, and the steps you can take to protect your child. It also explains how an experienced Austin family law attorney can guide you through the process, file emergency motions when needed, and help secure a child custody order that keeps your child safe.
What Behaviors Put Children At Risk in Austin?
When deciding whether an ex is endangering your child’s health, the court looks at any behavior or environment that threatens a child’s physical, emotional, or mental well-being. Endangerment include intentional acts, but also can happen through neglect, poor judgment, or a failure to provide proper care and stability.
Examples include:
- Exposing the child to drugs or alcohol abuse.
- Leaving the child unsupervised in dangerous situations.
- Ignoring serious medical needs or failing to provide treatment.
- Allowing unsafe living conditions, such as lack of hygiene, food, or shelter.
- Exposing the child to domestic violence or emotional abuse.
If you believe your ex is endangering your child’s health, you should contact the police or the Texas Department of Family and Protective Services if necessary. You should also document every sign carefully and contact an experienced family law attorney. Evidence plays a crucial role in Austin child endangerment cases.
Signs That Your Ex May Be Endangering Your Child’s Health
Parents often notice warning signs before the situation escalates. Possible signs include:
- Frequent unexplained injuries or illnesses.
- A decline in the child’s hygiene, nutrition, or medical care.
- Behavioral changes such as withdrawal, aggression, or fear.
- Reports from teachers, caregivers, or medical providers.
- Unsafe environments such as exposure to weapons, drugs, or abusive individuals.
While not every parenting dispute warrants legal action, repeated warning signs can build a clear picture for the court that your ex is endangering child health and that intervention is necessary to protect your child.
Legal Options if Your Ex Is Endangering Your Child’s Health in Austin
Austin courts prioritize the “best interests of the child.” If you can prove that your ex is endangering your child’s health, you may be able to request immediate legal protections.
Filing for a Custody Modification
If your custody order no longer protects your child, you can file for a modification. Austin courts may reduce your ex’s visitation rights, order supervised visits, or in severe cases, award you sole custody.
Requesting Emergency Orders
In urgent situations, you can file for a temporary restraining order (TRO) to protect your child. These are designed to quickly limit your ex’s access until a full hearing can be scheduled. TROs typically only last 14 days, but may be extended.
Reporting to the Texas Department of Family and Protective Services (DFPS)
If the danger is significant, reporting to DFPS may be necessary. DFPS investigates claims when a child’s health or safety is at immediate risk. Their involvement can influence the outcome of custody cases.
Documenting and Presenting Evidence
Courts rely on proof. If your ex is endangering your child’s health, keep detailed records such as:
- Photos of unsafe conditions.
- Medical records and reports.
- Witness statements.
- Recordings of harmful behavior.
- Texts, emails, or voicemails from your ex showing harmful behavior.
When Does the Court Grant Sole Custody in Austin?
Courts in Austin don’t grant sole custody without serious cause. However, if your ex is endangering your child’s health through ongoing or severe behavior, a judge may decide it’s best for one parent to have full decision-making authority. This approach gives the child the stability and safety they need, even if it means limiting the other parent’s involvement.
Steps to Take if Your Ex Is Endangering Your Child’s Health
If you believe your ex is endangering your child’s health in Austin, take these steps:
- Put your child’s safety first. If danger is immediate, call emergency services.
- Gather evidence. Keep records of incidents, medical visits, or unsafe environments.
- Avoid direct confrontation. Let legal processes handle the conflict to protect yourself and your child.
- Contact an attorney. An experienced Austin family law attorney knows how to present your case effectively, especially in urgent situations like this.
How an Austin Child Custody Attorney Can Help
If you believe your ex is endangering your child’s health, an experienced Austin child custody attorney can help you take the right steps to protect your child. They can determine whether your situation meets the legal standard for endangerment, file emergency motions when needed, and represent you in court. Family law attorneys also work with medical professionals and child psychologists to build a strong case and ensure your custody order prioritizes your child’s long-term safety and well-being.
At Deyerle Silva Smith, PLLC, we know how important it is to protect your child above all else. Our team is here to guide you through every stage of the custody process in Austin. If you believe your child may be at risk, contact us today to schedule a consultation.