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Domestic Violence & Child Custody Cases in Texas

Domestic Violence & Child Custody Cases in Texas

Is Domestic Violence Considered in Texas Family Law Custody Cases?

Domestic violence is a serious and an emotional topic. Texas family law recognizes that Domestic Violence has a profound impact on children who are living in violent homes. They show signs of physical and emotional harm after being exposed to domestic violence. Some studies show that children raised in homes that are violent are predisposed to acting violently toward their family when they are adults.

Ending Cycles of Abuse in Custody Cases

domest abuse lawyerThe cycle of domestic violence can be stopped. However, every part of the system has to work together to make intervention work. Studies also show that a man who batters his wife is 75% more likely than any other parent, to batter one or more of his children at some point in the future. Texas Family Law acknowledges that the decision of an abuser to batter one or more members of their family is directly relevant to their parental fitness.

Some states’ court systems punish the victim of domestic violence by assuming that they must not be a good parent for allowing the abuser to terrorize their family. The fact is that the victim has no control over the actions of the abuser. It is not a condition where the victim is a less fit parent. The abuser is proving their poor parental fitness with their actions.  Custody statutes in Texas recognize domestic violence as an integral factor that is used to exercise control over the other parent.

Protecting Victims of Abuse in Texas

Texas courts consider the effect that witnessing this type of abuse and manipulation has on the children.  The abuser’s primary focus becomes how they can use the children to control the other parent. The abuser’s ability to parent the children is clouded by their desire to manipulate the other parent. The abuser’s first priority is not the children. The Family Violence Project of the National Council of Juvenile and Family Court Judges in 1995 stated that domestic violence should be considered as a major determination in custody decisions.

There is a presumption that perpetrators of domestic violence should not receive custody of the children. This is important because one of the ways that abusers control the victim in domestic violence incidents is by threatening them with the removal of the children. Abusers have used the threat that the other parent is unfit as a means to control the victimized parent. This order changes that power and puts it back into the hands of the victim. Victims should contact a Texas Family Law Attorney to find out more about their rights in custody hearings.

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