Child custody decisions are among the most critical and delicate matters handled by the judicial system. In Texas, like many other states, the main focus during these decisions is the welfare of the child.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses how factors like child abuse will majorly impact a child custody case. All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in light of Texas Family Law. This content is for educational purposes only.
The Texas Court’s Approach to Custody Amidst Abuse Claims
In Texas, when considering child custody, the safety and well-being of the child are paramount. If a judge perceives that the child’s environment isn’t safe due to a parent’s actions, several measures can be implemented. Even when there’s potential danger from a parent, the court might still facilitate a relationship between the parent and child, as long as it doesn’t pose a mental or physical risk to the child.
Tarrant County, for instance, offers supervised access programs through the Tarrant County Courthouse and family court services. Additionally, external agencies can oversee supervised visits in controlled environments. There are also professionals available to accompany parents during community visits.
In cases where parenting skills are lacking, the court might mandate classes to enhance those skills and ensure child safety. When credible allegations of abuse arise, the court employs every available resource to guarantee the child’s safety. It’s essential to understand that judges prioritize the child’s welfare in their roles as elected officials. The heavy responsibility of their decisions means some judges lean towards a “guilty until proven innocent” stance to prevent potential harm to a child.
If there’s believable evidence of abuse, getting normal custody back can be hard. But if you can prove the accusations are false or clear up any confusion, you can get custody again, though it might take some effort.
For the best outcome for your case, seek the advice of a trusted family law firm such as Turner Monahan, PLLC.
Applying the Texas Family Code in Inter-State Divorce Cases
Child custody decisions in Texas are grounded in the principles of the state’s legal code, specifically the Texas Family Code. This code has been meticulously crafted to safeguard children, uphold their rights, and ensure their well-being.
It’s a comprehensive document that provides guidance to the court and acts as a beacon for parents navigating the custody labyrinth. To gain a better understanding, it’s beneficial to dive deep into the specific statutes that pertain to child custody.
Safety and Well-being of the Child
The best interests of the child are always at the forefront of any custody decision. This is stipulated in Sec 153.002, which emphasizes that the child’s best interest is the “primary consideration” in determining custody and access rights.
In addition, as per Sec. 153.001, the Texas public policy ensures children maintain contact with parents who prioritize their best interests, provide a safe and non-violent environment, and share child-rearing responsibilities post-separation.
Evaluating the History of Abuse
According to Sec. 153.004, when determining conservatorship (custody), the court takes into account any evidence of physical abuse, sexual abuse, or family violence committed by either parent against a spouse, another parent, or anyone below 18 years within two years preceding the suit.
Credible evidence of child neglect or abuse, including specific sexual offenses that result in pregnancy, can disqualify a parent from being appointed as a joint managing conservator. The court weighs evidence of family violence or abuse to decide whether to restrict or limit a parent’s possession of a child.
Supervised Visitation
If there’s a proven history of family violence, a parent’s access to their child may be denied (Sec. 153.004(d-1)). However, the court can permit access under certain protective conditions:
- Continuous supervision by a court-approved entity or person.
- Exchanges in a protective setting.
- Abstaining from alcohol or controlled substances 12 hours before or during access.
- Completion of a battering intervention program or relevant treatment.
Addressing Allegations of Abuse
As stated in Sec. 153.013, false allegations of child abuse can have severe repercussions. If someone knowingly makes false accusations, the court considers such evidence when determining custody. Additionally, the party that reported such false claims might be subjected to a civil penalty, which can be as high as $500.
Enhancing Parenting Skills
Parenting skills and the ability to collaborate are essential when determining custody and visitation rights. Under Sec. 153.010, if the court finds that parents have historically experienced conflicts in making decisions about their child, it has the authority to intervene. The court can order these parents to attend counseling sessions.
These sessions are facilitated by licensed mental health professionals who have specialized expertise in family therapy. Depending on the circumstances, the court might also ensure that these professionals have training in addressing domestic violence, ensuring that parents receive the right guidance and intervention.
Texas Family Code’s comprehensive approach ensures that child safety and well-being are paramount in custody decisions. Child abuse allegations, whether substantiated or false, play a pivotal role in determining conservatorship and access rights.
It’s crucial for individuals navigating this challenging terrain to comprehend these statutes. In order to gain a deeper understanding and to protect one’s rights and interests, it is essential to hire a family law firm well-versed in the Texas Family Code, such as Turner Monahan PLLC.
Curious about how holiday possession schedules work in Texas? Ever wondered how the Texas Family Code addresses the sensitive issue of child custody during festive times? Tyler Monahan highlights the standard approach Texas takes during holidays like Thanksgiving, Spring Break, Summers, and the Christmas/New Year period. Discover how the “primary” parent’s time is allocated versus the “non-custodial” parent during these seasons. Dive in for clarity!
Hire An Experienced Fort Worth, Texas, Divorce Attorney
When faced with intricate family law matters, selecting the right attorney is crucial. Turner-Monahan, PLLC offers unparalleled expertise, notably with Tina Campbell, a top-rated Family Law attorney with over 15 years of practice and unique child support insights from her tenure at the Attorney General Child Support Division. Schedule a free, no-obligation consultation with attorney Tina Campbell to discuss the details.
Don’t let uninformed choices jeopardize your future. Discover the pitfalls to avoid during a divorce. Download the guide now: 5 Mistakes That Are Going To Hurt Your Divorce. Get your free PDF!
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “At What Age Can A Child Refuse To Go To The Other Parent’s House?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Choosing Between Mediation, Trial, And Arbitration. Which Is The Best Alternative?
- Getting A Divorce If Your Spouse Cannot Be Located
- What Is The Difference Between A Legal Separation And A Divorce?
- Can A Parent Send Someone Else To Pick Up Or Drop Off The Child For Visitation Or Other Activities?
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.
