I Live "Off Grid" – Could This Affect My Child Custody?

 Posted on February 07, 2025 in Child Custody

Child custody cases can get very emotional and contentious. While this is true in many cases, it is especially true when one parent believes the other cannot provide a stable, safe home for the child. Family court judges make custody decisions based on the best interests of the child, including considerations of whether one parent’s home is unstable.   

The situation must include such things as financial instability, abuse, violence, dangers to the child’s safety and health, lack of access to essential needs, and more. If you are worried that your off-grid lifestyle may cause you to receive an adverse custody decision, it is important that you speak to an experienced McKinney, TX family law attorney.

What is Considered an "Unstable" Home for Child Custody Purposes?

Under Texas law, there is no single, explicit legal definition of an unstable home and no single, explicit legal definition of an unfit parent. The judge in a custody case must evaluate a wide range of factors to determine whether a parent is unfit or a home is unstable. In this particular case, it would be assumed that your spouse has raised alarm bells regarding the stability of your off-grid home.   

"Off-grid" can mean many things. Does your home have electricity, or is electricity provided by solar panels? Do you have a generator? Is your home so remote that there is no phone service or internet? Do you have running water? An indoor toilet? These are all questions that must be answered before a judge will determine whether your off-grid home is unstable for your child.

The court expects each parent to provide adequate shelter, healthy food to eat, clean drinking water, access to education and medical care, and a reasonably clean, hygienic home. While having an off-grid home does not automatically mean it is an unstable environment – or that you are an unfit parent – you can expect to face some hard questions from the judge.

The judge will likely expect you to have running water and a functioning indoor toilet, as well as some form of electricity, whether that is a connection to the electric company, a stable solar system, or a generator. If you live so far out that you have no phone or internet service, this could potentially be a deal breaker. What would happen if the child were to get sick or injured? How would you quickly get the child to a hospital or doctor?  

Could Your Home Be Deemed Too Unstable to Be in Your Child’s Best Interests?

If you have a truly off-grid home that is in a very remote location and lacks what most of us consider the basic necessities, then barring any other issues that might make you an unfit parent, the judge might limit your visitation time with your child. At the extreme end of the scale, you could be denied custody or visitation, but this is unlikely and usually only occurs when there is a history of abuse or other dangerous risks.

You could potentially be given limited visitation rights, which could be as little as one weekend a month and a couple of weeks during summer vacation. Even when a home is found to be unstable, most judges will attempt to facilitate a custody situation where both parents can see the child – so long as there is no evidence that one parent’s home is unsafe for the child.

If it is very difficult to contact you because of your off-grid status, then the child’s other parent could be given legal custody, which allows him or her to make major decisions for the child in areas like education, religion, and healthcare. As you can see, the presence of an off-grid home does not necessarily mean you would be denied custody or visitation – but in some cases, it could.

Contact a Collin County, TX Child Custody Lawyer

If you believe you may have trouble getting custody or visitation rights, speak to a knowledgeable McKinney, TX child custody attorney from The Ramage Law Group. As an all-woman law firm with multiple attorneys, we are child-focused attorneys who value client relationships. Call 972-562-9890 to schedule an initial consultation.