Child custody proceedings often reveal physical or mental abuse that takes place behind closed doors. This type of abuse, also called “domestic violence,” can permanently influence which parent gets primary custody. It can eventually result in limited visitation and – in extreme situations – loss of parental rights.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, gives us a general overview of how domestic violence impacts visitation rights in Texas. If you are going through a similar situation, then it’s best to seek professional help. Contact the Turner Monahan firm to speak to an attorney. All case evaluations and suggestions our attorneys make are in the light of Texas Family Law.
Family Violence & Visitation
Many cases deal with family violence, most of which involve children. Whether it’s divorce or a custody battle, family violence often creates complexity within the cases. In such situations, courts often limit one parent’s visitation, sometimes keep it supervised, or even deny it altogether.
There are various ways to have supervised visitation. The parent can have visitation at the courthouse. In other cases, the parent can have it out publicly with some privately paid supervisor. However, it can also be supervised by their family.
In worst cases, if one of the parties is an actual danger to the children, that party may be totally denied access to their child. Again, it’s all facts specific. The kind of settlement the court decides related to the visitation is based upon the facts of that case. Looking at the matter in detail will help the court decide whether or not it is justified to either have supervised or denied access for one parent to a child or children.
The Matter Under The Texas Family Code
The family code covers this matter quite in-depth since a child’s mental, physical, and psychological health is involved.
Sec. 153.004. of the Texas Family Code is dedicated to the “HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE.”
The first part states, “In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse.”(Sec. 153. 004. a)
In addition, it elaborates that “The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator.”(Sec. 153. 004. c)
The family code then specifies that the court may deny a parent access if there is a preponderance of evidence that either there is a history of domestic violence or a pattern of domestic abuse.
When the courts determine that there might be a potential risk to the child, the periods of access will be continuously supervised by an entity or person chosen by the court. The exchange of possession will only take place in a protective setting.
If you have more questions about the topic or a different situation, such as your child refusing to go to the other parent’s house, you can contact the Turner-Monahan PLLC to discuss your case.
Hire An Experienced Texas Family Attorney
In the past 40 years, Turner Monahan has helped thousands of families through divorce and child custody issues. We are committed to protecting your rights throughout the process.
Most parents are unaware of all the factors involved in determining and granting visitation, especially when there has been a history of domestic violence.
A qualified and experienced family law attorney can help you understand your rights and can assist you in navigating the court process. If you are involved in child custody or a visitation case in Texas, contact attorney Tyler Monahan and schedule a free consultation to discuss the details.
In addition, check our website for more information about our services. Finally, go through our blog to find out more regarding your case. There is much information on divorce and answers to unique questions like What Happens If The Custodial Parent Moves Out Of The Custody Region?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
