What is “Significant Impairment” and how do I prove Significant Impairment it in Court?
Understanding the Significant Impairment Burden in Texas Family Law
In Texas family law, the most common burden (legal standard applied to the Judge’s decision) in custody cases is simply the “best interests of the child.” However, in special circumstances, the Courts must apply a more difficult burden known as “Significant Impairment.” Significant Impairment is a burden plays a crucial role in determining various aspects of parental rights and responsibilities, particularly in cases where a simple “best interests” inquiry may not be so appropriate (i.e., where a parent is being compelled to litigate custody against a non-parent, or where one parent is asking for certain more extreme relief against another). Understanding what constitutes significant impairment, how it is evaluated by courts, and its implications can provide clarity for parents navigating contentious legal disputes. Here’s a comprehensive guide to the significant impairment burden in Texas family law.
Defining Significant Impairment
In the context of Texas family law, the significant impairment burden is often articulated as follows: “the order is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development.” So, the Order (what a party is asking the Judge to Order) must be more than just what is arguably best for the child, it must be be necessary because not making the order will place the child in actual physical or emotional danger.
Examples of Significant Impairment
What does and does not constitute Significant Impairment can be debatable, and is determined on a case-by-case basis. Some common examples of circumstances that have demonstrated Significant Impairment to trial judges are:
- Substance Abuse: Addiction to drugs or alcohol that directly interferes with the parent’s ability to provide a stable and safe environment for the child.
- Mental Health Disorders: Severe mental health disorders that impact the parent’s judgment or ability to maintain a healthy parent-child relationship.
- Violence or Abuse: Physical and often psychological abuse of the other parent or the child.
Legal Considerations
Litigating and asserting Significant Impairment in Texas family law cases requires careful consideration of legal principles and procedural requirements. The law behind Significant Impairment can be convoluted and many attorneys are not deeply aquatinted with the nuances. Successfully arguing and establishing Significant Impairment often requires expert testimony from medical or psychological professionals.
Conclusion
The burden of Significant Impairment in Texas family law underscores the paramount importance of ensuring the safety, well-being, and best interests of children in custody and visitation decisions. It also exists to impose a higher burden than the simple “best interests of the child” burden for special cases and circumstances where certain orders should not be made or modified absent risk or true harm. Seeking guidance from a knowledgeable family law attorney can provide essential support in presenting evidence, understanding legal arguments, and pursuing resolutions when actual risk of harm to a child demands more aggressive action from our Courts.