When Domestic Violence is a Factor in Your Child Custody Case
A child custody case in Texas may be affected negatively if domestic violence is involved. If you are pursuing a child custody case in Texas, allegations of domestic violence can have an impact. To better understand family law code and what your rights are, contact a divorce attorney as soon as possible.
Impact of Domestic Violence on a Child Custody Case
Allegations of domestic violence are one thing. Being charged with it could be detrimental to your rights as a parent. In fact, you could lose your custody rights. At the least, you may be required to have supervised visitation, or your custody rights may be limited.
Even if allegations are made, they can make your case much more complicated. It is not uncommon in these types of situations for one parent to accuse another parent falsely. The hope is that things will go their way.
In most child custody cases, the goal is to see both parents enjoy a relationship with their children. Children fare better when both parents are involved in their lives; however, this may be hampered by accusations of domestic violence.
When looking at the context of child custody, the best interest of the child is usually taken into consideration. So it may not be considered to be in the child’s best interest if there is a possibility of being exposed to domestic violence.
If the allegations prove to be true, despite the parents divorcing, the violence could continue. This is especially true if the divorce ends badly and there are custody disagreements.
If a parent, in a child custody case in Texas, has a protective order issued against him or her, it certainly will play a role. Although these are temporary orders, they can affect parents' ability to see their children.
Protective orders can be used as evidence in a custody dispute. If there isn’t an order, you may be able to use other forms of evidence to show the parent isn’t fit for custody. For instance, if police previously responded to a domestic dispute, the report may be used.
In the state of Texas, most parents who have committed an act of domestic violence are not awarded joint custody of their children. Whether there is solid proof or only allegations made, you may find yourself in a difficult situation.
When You Should Seek Help from a Divorce Attorney
If you have been the victim of domestic violence and you are in a custody dispute, you would benefit from seeking help from a divorce attorney at Warren & Migliaccio. You will need adequate proof that establishes the other parent should not have joint custody.
On an emergency basis, a divorce attorney may be able to arrange for supervised visitation of your children. This can give you some assurance of their safety while the dispute is ongoing.
Or if you have been the one falsely accused of committing domestic violence, you will need to secure legal help. When this type of claim is made against you, there is a very real risk that you could lose partial or total custody of your child.
ABOUT THE AUTHOR: Warren & Migiliaccio
Serving Texas families with help in their legal matters is the goal at Warren & Migliaccio, LLP. We understand that there are numerous times when you and your family may need a Dallas, TX attorney and our team focuses on 2 main areas of law: divorce and bankruptcy.
It may seem like a strange pairing, but Attorney Christopher Migliaccio found his calling when he saw how much relief and happiness a successful bankruptcy resolution could bring to a family. Likewise, Attorney Gary Warren finds the same satisfaction knowing divorced families can move on to new lives after an amicable resolution.
Our Texas divorce lawyers want to help uphold our clients’ rights to their share of marital property, child custody, alimony, and divorce child support. During the process, it’s not just a focus on settlements, it’s a focus on doing what’s best for our clients’ family and long-term happiness.
Copyright Warren & Migliaccio, L.L.P.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.For specific technical or legal advice on the information provided and related topics, please contact the author.