713-333-4430How Does Domestic Violence Factor Into Custody?
You want what’s best for your child. Even though you and your ex are no longer together, it doesn’t mean your child can’t have a happy life. Unfortunately, however, there have been some domestic violence issues with your ex in the past and now you’re worried about how it’s going to affect your child custody arrangement. You’re wondering: how does domestic violence factor into custody? By learning the answer to this question, you can gain some peace of mind at a stressful time.
Boudreaux Hunter & Associates, LLC in Houston, Texas are certified in mediation, take a collaborative approach with their clients to reach solutions that work for their families, and are devoted entirely to the practice of family law. We are fierce advocates for our clients and we’d be happy to assist you with your custody issues. Reach out to us today for an initial consultation.
What Is Child Custody?
You may not be familiar with the definition of child custody in Texas. The state of Texas calls a parent a conservator and custody a conservatorship, which entails the legal responsibilities and rights of parents. For instance, parents with custody will have the chance to decide on important issues in a child’s life like what kind of medical care they will receive, where they will go to school, and if they should engage in religious activities. When parents go to court, a family law judge will determine the conservatorship arrangement. If both parents reach agreements, then the court will just have to review and approve the written agreement.
In Texas, the judge is charged with determining what is in the best interest of the child or children in a case. They can decide on different types of custody for a family. It is the public policy in Texas, that a child should have consistent and continuous contact with their parents. It is also presumed in Texas that parents act in their child’s best interest and should be joint managing conservators. However, a court may appoint a parent sole managing conservator when credible evidence of domestic or family violence is shown. This will not only impact the offending parent’s rights and duties, but also the offending parent visitation rights.
What Is Domestic Violence?
Domestic violence committed against a member of a person’s family or someone they are datin is classified as family violence. It can involve child abuse with a member of the family or a child in the home, dating violence, and an act by one person in the house against another that threatens or leads to bodily injury, assault, sexual assault, and/or physical harm. It can occur between a parent and a child, a parent and a foster child, current or former spouses, current or former romantic partners, relatives by marriage, blood, or adoption, and current or former co-residents. Some common types of domestic violence include aggravated domestic assault, stalking, continuous violence against the family, unlawful restraint, and violating protective orders.
It may not be clear whether or not a parent or a child has gone through domestic or family violence. For instance, even if there is no physical violence involved, they could still be experiencing family violence. Emotional abuse and intimidation in the form of threats, attacking someone’s self-worth to humiliate them, and manipulating someone to the point of disempowerment can all be counted as domestic violence.
If a parent believes they are experiencing family violence, or that their child is being victimized, they need to get in touch with law enforcement right away, who can take proper action. They must also disclose information about domestic or family violence in their child custody case, even if the child is not the victim. The court needs to be made aware of any such instances of violence when considering what orders it will make in the child’s best interest. Otherwise, the child could be exposed to violence, and that could result in their physical and emotional safety being jeopardized.
Determining Custody of a Child
When determining custody, the judge will look at what is in the best interests of the child. They will weigh in factors like each parent’s fitness, relationship with the child, financial status, and ability to give the child a stable school and social life. If one parent is committing acts of domestic or family violence, this greatly affects their fitness and their ability to properly parent.
There have been cases where just one act of extreme family violence lead to a parent losing their rights to see a child and make decisions for them. In Texas, parents cannot have joint custody if there is a history or pattern of sexual or physical abuse by one parent against the other or against a child or spouse.
A court may grant limited access to a child for an offending parent in certain circumstances. For instance, if it is determined that access to the child would not cause the child physical and emotional harm, it would be in the child’s best interests, there is a visitation order to protect the child, or the abusive parent will have supervised visitation and have to go through a treatment program.
One thing to remember: A parent can apply for a protective order to protect themselves and their child if family violence, or the credible threat of family violence, has occurred as is likely to occur in the future. A judge has the ability to grant a protective order to try and prevent further family violence. If the abusive parent violates a protective order, this could result in further consequences when it comes to custody and visitation.
In extreme cases, parental rights could also be terminated. This may happen if a parent sexually assaults or seriously injures a child. The court would need to evaluate this avenue independently to determine that seeing the parent is not in the best interests of the child.
A parent should alert law enforcement, their attorney, and the court when family violence has occurred regardless of what stage a case may be in. If such family violence can be shown, then a court may modify any existing orders to protect the child or children. The parent would say that there has been a material and substantial change in the circumstances, and they could seek out the help of a family law attorney to change the arrangement. We must emphasize the point that if they believe their child is experiencing domestic violence – or they themselves have been a victim of it – then they should contact the police right away as well as consult with their family law attorney about what to do.
Contact Boudreaux Hunter & Associates, LLC
If you need help with child custody as it relates to domestic violence, you can reach out to Boudreaux Hunter & Associates, LLC for help. We’ll work hard on your child custody agreement and be your source of support in your time of need. Make sure you get in touch online or by calling us at (713) 333-4430. We look forward to assisting you with your child custody arrangement.
Shannon L. Boudreaux is a passionate advocate for her clients, working on their behalf to help them reshape their lives, their families, and their futures. For two decades, she has helped reunite parents with their children and helped clients negotiate contentious custody disputes. Learn more here.
