If you’re going through a divorce with an abusive spouse, child custody issues take on extra weight. You need to not only get your divorce resolved but also ensure that you and your children are safe from violence. If the court grants shared custody to both you and your ex, your children may not be safe.
Domestic violence impacts child custody decisions in Texas. Accusations of domestic violence can determine who gets custody of the children. Texas will not grant custody to a parent who has committed domestic violence within the past two years.
If your former partner was abusive toward you or your children, you need help to keep your family safe. By gathering evidence that your ex was violent, you can convince a court to grant you full custody. A family law firm experienced with domestic violence cases can help.
Child Custody and Domestic Violence Cases
It can take time to realize that you have been the victim of domestic violence. Domestic violence isn’t limited to physical attacks. In many abusive relationships, physical violence is only one aspect of the pattern of abuse.
Texas law defines domestic violence as a pattern of behavior in which one partner tries to control the other. This can include any behavior intended to intimidate, coerce, manipulate, or humiliate the victim. That can include physical violence, but it can also include many other controlling behaviors.
If your ex has been violent to you or your children, they may lose their right to share custody with you. Texas law provides legal rights for domestic violence victims in custody cases.
Rights of Parents in Texas
Under Texas law, the rights and duties of parents include:
- The right to custody of their children, including the right to oversee their moral and religious upbringing and designate their residence
- The duty to care for, protect, and provide reasonable discipline for the children
- The duty to provide food, clothing, shelter, education, and medical care
These rights and duties go together. A parent who does not provide food and shelter, or who does not provide reasonable discipline, does not have the right to custody. If your ex has been violent to you or your children, a Texas court can protect you.
Understanding Domestic Violence and Its Impact on Custody
The best interest of the child is the court’s primary consideration in every custody dispute in Texas. According to the Texas Family Code, state policy is to to provide every child with a nonviolent environment.
The court normally assumes that it’s in the best interest of the child for both parents to have custody. However, a history of family violence removes this assumption under the best interests of the child custody standard.
A Texas court will not award conservatorship to a parent who was violent within the past two years toward:
- Their spouse
- Their child
- Anyone under the age of 18
If you can provide evidence that your ex was violent toward you or your children, the court may award you full custody. Evidence of domestic violence can include:
- A history of arrest
- Medical records showing injuries
- A protective order
Legal Protections for Victims and Children
Texas law requires police officers and courts to protect children and domestic violence victims. You can request a protective order to prevent your former partner from approaching you or your children.
Every protective order in Texas includes a finding that the subject of the order committed family violence. For this reason, protective orders can be compelling evidence of abuse in custody battles. Under the Texas Family Code, the court must consider any protective order as evidence when making custody decisions. If you obtained a protective order against your ex within the past two years, that should prevent your ex from obtaining custody.
Supervised Visitation for Abusive Parents
If a court finds that a parent committed family violence, it will not grant custody or unsupervised visitation. However, Texas does allow supervised visitation for abusive parents. The court’s visitation order can include specific restrictions to protect the child from violence.
If the court decides that there is a risk of abduction, it can choose to allow visitation only at a supervised visitation center. It can also prevent the parent with supervised visitation from approaching the child anywhere other than the agreed-upon visitation site. A supervised visitation order isn’t always permanent. The court may grant a supervised visitation order, but then later decide to grant unsupervised visitation.
Emergency Custody Orders for Child Protection
What can you do if your ex is dangerous and you cannot wait to obtain custody of your child? If you or your child are in immediate danger from your ex, you can request an emergency custody order. This is a temporary order that can:
- Grant you custody on a temporary basis
- Provide for child support
- Restrain your ex from disturbing your peace or the peace of your child
- Prohibit your ex from taking your child out of the area
An emergency custody order can help keep you and your children safe before the court makes a final decision.
False Allegations of Domestic Violence
False allegations of domestic violence in custody disputes can cause unjust results. If your former partner falsely accuses you of domestic violence, you risk losing custody of your children. The court won’t deny you custody without examining the evidence, so you will have the chance to rebut the allegations against you. A family law firm can help you gather evidence to show the court that you did not commit domestic violence.
Contact a Texas Family Law Firm Today
Are you going through a child custody dispute? A Texas law firm experienced with family law and domestic violence custody decisions can help. Smith & Bledsoe Family Law is a law firm known for taking on challenging cases that other firms won’t touch. We have a lot of experience with child custody and domestic violence cases. We pride ourselves on providing much-needed help for families just like yours. If you need help with your child custody case in Austin, Texas, contact Smith & Bledsoe Family Law today.