Domestic Violence and Child Custody in Texas

Addressing Domestic Violence Concerns in Custody Cases 

In Texas family law cases, a history of or allegations of domestic violence are taken very seriously and treated with great care by the courts. The main goal of custody proceedings is always to protect the child’s safety and find solutions that help to maintain their well-being and future.

As a parent, it is crucial to understand how domestic violence can impact the outcome of a custody case and, in some cases, your rights as a parent overall. Consider speaking with our team of seasoned Houston domestic violence and family law attorneys at Farias Law Firm. We prioritize negotiation and mediation strategies and are prepared to take your custody case to court if necessary. 

Contact our offices by calling 713-226-7999 today.

Why Texas Family Courts Look at Domestic Violence

Within Texas family law, a history of domestic violence can significantly impact the outcome of child custody disputes. Court judges must look at all relevant details of a case to ensure a custody arrangement aligns with the child’s best interests. This includes whether either parent has a history of committing violence or abuse in the home or against family members.

Whether or not a prior instance of alleged domestic violence was reported or followed by legal proceedings, the court typically must thoroughly investigate the circumstances of the supposed violence or abuse. 

Some applicable factors the court looks at include:

• The extent and nature of the violence
• Whether the violence was directed toward the child, the other parent, or another member of the household
• The degree of potential risk that future harm may occur to the child

Evidence Courts Can Review During Custody Proceedings

Evidence of domestic violence can significantly impact child custody proceedings. To assess the validity of domestic violence claims, the courts typically review these forms of evidence:

• Testimonies from a victim of or a witness to the abuse
• Medical documentation showing injuries from the violence
• Police reports
• Records of an arrest or conviction
• Previous court findings and protective orders

How Might Domestic Violence Impact a Custody Arrangement?

It’s important to note that several aspects of a history or allegations of domestic violence guide the court’s decisions regarding custody arrangements. 

Factors the court may consider include:

• The consistency and credibility of the domestic violence claims
• Whether the history of supposed harm involved physical and/or emotional harm
• Any steps toward rehabilitation taken by the party accused of violence
• The emotional and physical safety of the child

If there’s a proven history of domestic violence, some examples of ways this can impact child custody are:

• Protective orders: These orders can restrict a parent’s ability to contact their child, influence temporary custody orders, and even limit a parent’s right to visitation. Existing protective orders are generally taken very seriously by the courts and may be used as proof of a parent’s unfitness to provide.
• Visitation rights: If the court’s investigation into domestic violence claims finds that it’s likely a parent committed familial violence, that party may only be granted supervised visitation, or these rights may even be temporarily suspended.
• Joint custody: Texas courts typically prefer to award joint custody, where both parents have custodial roles and periods of possession and access. However, domestic violence may make this custody arrangement inappropriate or unsafe. Instead, the court may order counseling or intervention programs for the offending party or grant the non-offending parent sole custody.

Understand Your Rights as a Parent in Texas

In Texas, parents have certain basic rights with respect to their children. These rights include:

• The right to make decisions concerning the child’s upbringing, including decisions regarding education, healthcare, and religious training.
• The right to access and possess the child, which means the right to spend time with the child and to have physical custody of the child.
• The right to receive information from any other person who has access to information about the child, such as teachers, doctors, or counselors.
• The right to consent to the child’s marriage, enlistment in the armed forces, and medical and psychiatric treatment.
• The right to receive child support from the other parent, if applicable.

It is important to note that these rights can be limited or modified by court order if it is determined to be in the best interests of the child. Additionally, if the parents are not married, the father may need to establish paternity before he can exercise these rights.

Protecting Your Parental Rights Against False Allegations

Facing false allegations of domestic violence can be incredibly stressful and potentially lead to serious repercussions. To effectively defend yourself and protect your parental rights, be sure to:

• Gather and preserve all records of relevant communication, including text messages or emails
• Get witness statements that support your case
• Fully cooperate with all legal procedures
• Work with an experienced domestic violence attorney to help build a strong defense on your behalf

Protect Your Rights as a Survivor of Domestic Violence

If you or your child is a survivor of domestic violence, it’s understandable that you would want to take all measures possible to ensure your child is not put at further risk. It’s highly advised that you take proactive action to protect your child’s safety and assert your parental rights. 

Some ways you can do this include seeking a protective order, thoroughly documenting all evidence of domestic violence incidents, and working with a seasoned custody attorney.

Contact Us for a Consultation Today

Child custody disputes are always emotionally charged and complex, even more so when domestic violence is a factor in the court’s considerations. It’s a good idea to allow a qualified family law attorney to represent you throughout the process. Our knowledgeable lawyers can help you gather all necessary evidence, navigate protective order proceedings, and ultimately advocate for your and your child’s safety.

At Farias Law Firm, we have a deep understanding of how domestic violence can impact child custody decisions in the state of Texas. Contact us today by calling 713-226-7999 to schedule an initial meeting with a competent and dedicated Houston domestic violence attorney.