The Impact of Domestic Violence on Custody Cases in Texas
In child custody cases, Texas courts are always guided by the best interests of the children. When there is any history of domestic violence, it is a clear concern, and it can have a profound impact on the outcome of the case. In fact, domestic violence directly affects the court’s allocation of parental rights and responsibilities. Our Pearland, TX, child custody attorneys at The Powell Law Firm can help.
How Texas Courts Address Domestic Violence in Child Custody Cases
Texas Family Code § 153.004 governs how domestic violence affects custody. A court may not appoint parents as joint managing conservators if there is credible evidence of a history or pattern of child neglect, or physical or sexual abuse by one parent against the other parent, a spouse, or a child. The court must also consider evidence of abuse committed within two years before the case was filed, or while it is pending, when deciding custody.
A joint managing conservatorship is the default legal presumption that Texas courts prefer. It means that the parents share decision-making authority about key matters like:
- Education
- Health care
- Participation in extracurricular activities
- Religious education
If there is a documented history of one parent’s domestic violence, the presumption of joint managing conservatorship is dropped, and the focus of the court’s analysis shifts considerably.
For the parent with a history of domestic violence to retain visitation rights, the court must conclude that they do not pose a threat to the children’s physical safety or emotional well-being. Precautions, such as supervised visitation, may apply.
Considering the Evidence in Domestic Violence Cases
Most child custody cases involving domestic violence in Pearland are heard at the Brazoria County Courthouse in Angleton. In cases involving domestic violence, the court looks for patterns of behavior that speak to physical abuse, credible threats of physical abuse, or emotional abuse. A pattern can emerge even when there is no formal record of abuse.
It is not necessary for the evidence to reach the level required for a criminal conviction to ultimately influence the judge’s determination. The kind of evidence that tends to make a difference includes:
- Current or prior protective orders
- Any current convictions or deferred adjudications for family violence offenses
- Police reports and related documentation
- Testimony from the victim, the children, or any other witnesses to the domestic violence
- CPS findings and their investigation records
- Medical records addressing injuries that are consistent with domestic violence
Child custody lawyers know how the involved court will weigh the relevant evidence and how to build a strong case in response.
Call Our Pearland Child Custody Lawyers Today
Child custody cases involving domestic violence are some of the most serious family law cases, and our Pearland, TX, child custody attorneys at The Powell Law Firm have more than 20 years of experience handling challenging cases like yours. For more information, contact us online or give our firm a call at 832-850-6095 today.
