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Domestic violence upends child custody and visitation rights

On Behalf of | Oct 27, 2022 | Family Law

A Texas family law court examines the available evidence to determine the child’s best interests when making custody decisions. When domestic violence accusations come up, the court would likely take such allegations seriously if one spouse claims abuse by the other.

If one parent has physical custody, the other parent typically has visitation rights as the noncustodial parent. However, if a parent has been accused of domestic violence, the court could negate the plan.

A judge would make determinations on custody or visitation after reviewing evidence substantiating domestic violence claims. Text messages, voicemails, eyewitness accounts and police reports could reveal the claims’ validity.

Some situations might be more complex. One spouse may direct violent behavior against a partner but not the child. Sometimes, violent incidents could have occurred in the past, and the abuser might cease such conduct. Alternately, a parent may display abusive behavior well after an initial child custody agreement has been reached.

While neither examples excuse domestic violence, the court could consider these facts before ruling on visitation and custody decisions in a particular instance.