Child Custody in Domestic Violence Cases

In a 2005 survey about domestic abuse in the state of Texas, thirty-one percent of the Texans surveyed stated that they had been severely abused in at least one point of their lives. Severe abuse includes sexual abuse and physical violence. If someone has not been abused then it is likely that they know someone who is being abused. Domestic violence is a problem in Texas as much as it is anywhere else in the United States.

Notify Your Family Law Attorney

If domestic violence or other forms of abuse were a factor in your divorce, it is important that you make this fact known to your family law attorney. There are different procedures for a divorce involving domestic violence especially regarding child custody and visitation. If the court is unaware that domestic violence occurred in the marriage then it will be poorly informed to make appropriate child custody and visitation decisions. A parent that has abused his or her spouse is likely to be a danger to any children that were born to the relationship.

Divorce & Domestic Violence

The divorce process works somewhat differently in cases involving domestic violence. In general, divorce settlements tend to favor the victims of violence, not the perpetrator. If you have been a victim of domestic violence then it is highly likely that you will receive a much larger portion of the family assets than the person that has abused you.

Child Custody

It logically follows that child custody works in much the same way as the settlement process. If "domestic violence" was a factor in your divorce then the court is not going to place your children with a parent that has proven to be a danger to his or her family. The goal of the child custody process is to place the child or children of a marriage in a safe, supportive environment. The home of someone that is found to have abused his or her wife and/or children is hardly an environment that can be considered safe.

Spousal Abuse, Child Abuse, Verbal Abuse & Deprivation of Liberty

Abuse is not limited to physical violence or sexual abuse. Spousal and child abuse can involve verbal abuse and deprivation of liberty. Not all forms of abuse are criminal in nature. If a parent has been verbally abusive to his or her children, it may not have any impact on the case at all. If, however, serious physical abuse occurred, it will weigh heavily on any decisions.

Generally, both the custodial and non-custodial parents will have some role in the decision making process surrounding their children. Both parents will have a say in where a child or children goes to school and other managerial decisions regarding the children. If domestic violence was a factor, it may not be possible for the non-custodial parent to take part in these decisions. Protective orders, no contact protective orders and restraining orders may forbid an abusive spouse from coming into contact with his or her family.

No Contact Protective Orders

A no contact protective order can be used to protect the custodial parent and children if there is a real danger of further abuse following a divorce. In such situations, it will not be possible for the non-custodial parent to contact his or her child or children. The non-custodial parent will not be able to go to the family home, to the custodial parent's place of work or anywhere near the child or children. If he or she is found to have breached the no contact protective order then a punishment may be handed down. A regular protective order will allow contact by letters and phone calls but physical contact remains forbidden. Restraining orders have much the same conditions but as they are arranged through civil court, they carry no risk of jail time. Obviously, these arrangements do more than prevent custody. They can interfere with visitation.

Child Visitation

While child custody is virtually out of the question, visitation is possible. The first step in establishing visitation rights is speaking to a family lawyer. The lawyer will be able to start the process of establishing visitation for the non-custodial parent. Obviously, there are different goals to visitation in a divorce involving domestic violence than in a regular divorce. In a regular divorce, visitation can be an excellent source of support for children. It can create a level of greater normality regarding their situation. While they do not live with both parents, they will get to spend time and receive input from both parents. In a divorce involving domestic violence, however, the goal is to reestablish contact with the non-custodial parent without placing the custodial parent or children at risk.

• Supervised Child Visitation

Visitations in divorces involving domestic violence are usually supervised. Supervised visitation is carried out at visitation centers and may require a great deal of planning. Community services will need to be coordinated and both parents will need access to specialized services. In most divorce cases, legal matters come to a conclusion as the divorce is finalized but in divorces involving domestic violence, there are ongoing legal situations that may require further involvement with one's family law attorney.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, Westchase, West Oaks, Memorial, Sugar Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.

Copyright © 2008 Smith & Garg LLC. | All rights reserved. | Disclaimer | Resources
Website Design and Search Engine Optimization by Blue Sand Design