Attorney
As a parent, protecting your child’s safety is always your top priority. Custody disputes are already difficult, but when domestic violence is involved, the process becomes even more sensitive and complex. In West Texas, family courts focus first on the safety and well-being of the child. Allegations of violence can significantly impact custody arrangements and shape how the court decides what truly serves your child’s best interests.
The Role of Domestic Violence in Custody Decisions
Texas courts are required to consider any history of domestic violence when determining custody, legally referred to as conservatorship. Judges will look closely at whether a parent has engaged in abusive behavior toward the other parent, a child, or even another household member.
If the court finds that family violence has occurred within the past two years, the law presumes it is not in the child’s best interest for the abusive parent to have joint managing conservatorship. This means that abuse can tip the scales heavily in favor of the nonviolent parent when custody is being decided.
Impact on Custody and Visitation Rights
When domestic violence is established, the abusive parent’s role in the child’s life may be restricted. Outcomes can vary, but common scenarios include:
- Supervised visitation: Visits may only occur under the watch of a neutral third party.
- Limited contact: The court may limit the time a parent spends with the child or set strict conditions for visits.
- No visitation: In extreme cases, the court may deny visitation rights altogether.
These decisions are made with the child’s safety as the top priority, not as punishment to the parent.
Protective Orders and Custody Cases
Protective orders often go hand in hand with custody disputes that involve domestic violence. A protective order can restrict an abusive parent’s access to the other parent or child. Judges will consider the existence of a protective order as strong evidence that abuse has occurred, which can affect how custody and visitation are structured.
Protective orders may also influence temporary custody arrangements while a divorce or custody case is still pending.
Evidence the Court Will Consider
Courts in West Texas look at a range of evidence to determine whether domestic violence occurred and how it should impact custody. Examples include:
- Police reports or arrest records
- Medical records documenting injuries
- Testimony from witnesses, such as neighbors or family members
- Prior protective orders
- The child’s own statements, depending on age and maturity
Because custody decisions are highly fact-specific, the strength and availability of this evidence can significantly shape the outcome.
Long-Term Effects on Custody Rights
A finding of domestic violence does not always mean that a parent will permanently lose custody rights. Courts may allow for expanded visitation or increased decision-making authority over time if a parent completes counseling, anger management, or substance abuse treatment This presents an opportunity for positive change and the potential for the abusive parent to regain custody rights.
That said, rebuilding trust with the court is a long process, and the burden is on the parent with a history of violence to prove that meaningful change has occurred.
How We Can Help Protect Your Family
Domestic violence makes child custody cases emotionally charged and legally complex. Having the right guidance can help you understand what options are available and how to best protect your child. At Navarrete & Schwartz, P.C., we will listen to your concerns, review the facts of your case, and present strong arguments to the court on your behalf.
We take pride in serving families throughout West Texas, providing steady support in times when you need it most.
Protecting Your Child’s Best Interests
If you are dealing with domestic violence in the middle of a custody dispute, you don’t have to face it alone. Courts in West Texas take these matters very seriously, and you deserve an advocate who will stand by you.
Contact Navarrete & Schwartz, P.C. today to schedule a consultation and learn how we can protect your rights and your child’s future.
FAQ Section
Does domestic violence automatically prevent a parent from getting custody in Texas?
Not always, but Texas law presumes it is not in a child’s best interest for a parent with a recent history of violence to share joint custody. Courts may limit or deny visitation depending on the facts.
Can supervised visitation become unsupervised over time?
Yes. If the abusive parent completes court-ordered counseling or treatment and demonstrates safe behavior, the court may allow expanded visitation rights.
Will a protective order affect child custody in West Texas?
Yes. A protective order is strong evidence of family violence and can limit or restrict custody and visitation while the order is in effect.