Domestic violence is not only a criminal matter—it plays a critical role in family law, particularly when it comes to child custody decisions. If abuse is a factor in your divorce or custody case, Texas courts take it very seriously, prioritizing the safety and well-being of the child above all else.
At Haugen Law Firm, P.C. we help parents navigate the emotional and legal complexities of child custody cases involving domestic violence. Here’s what you need to know about how domestic violence affects child custody in Texas.
The Best Interest of the Child Standard
Texas courts base all custody decisions on one principle: the best interest of the child. When domestic violence is involved, it’s often a strong indicator that awarding custody or visitation to the abusive parent may not be in the child’s best interest.
Judges consider:
- The physical and emotional safety of the child
- The history and severity of violence or abuse
- Any ongoing threats or danger to the child or other parent
- The child’s emotional needs and relationship with both parents
Types of Custody in Texas
Texas refers to custody as conservatorship and possession:
Managing Conservatorship (Legal Custody): The right to make decisions about the child’s health, education, and welfare.
Possession and Access (Physical Custody): The schedule for when each parent spends time with the child.
Domestic violence can significantly affect both legal and physical custody arrangements.
How Domestic Violence Impacts Custody Rights
If one parent has committed family violence, the court may:
1. Restrict or Deny Custody
A parent with a history of violence may be denied joint managing conservatorship and instead be granted only supervised visitation—or in severe cases, no access at all.
2. Issue Protective Orders
A protective order can limit a parent's access to the child and prohibit them from going near the other parent’s home, work, or the child’s school.
3. Require Supervised Visitation
The abusive parent may only see the child in the presence of a neutral third party at an approved facility.
4. Terminate Parental Rights (in extreme cases)
In rare and extreme circumstances—especially when a child has been directly harmed—Texas courts may terminate the abusive parent’s rights altogether.
What Qualifies as Domestic Violence?
Domestic violence includes more than physical harm. Texas law defines it as:
- Physical abuse (hitting, shoving, strangulation)
- Sexual assault
- Threats of violence
- Emotional or psychological abuse
- Stalking or harassment
- Child endangerment
The violence does not have to be directed at the child to impact custody. Abuse of the other parent is also a major factor.
What Evidence Will the Court Consider?
To support claims of domestic violence in custody disputes, you’ll need evidence such as:
- Police reports or arrest records
- Protective or restraining orders
- Medical records
- Photographs of injuries or damage
- Witness testimony
- Texts, emails, or voicemails with threats or admissions
The more documentation you have, the stronger your case will be.
Can a Parent Regain Custody After Abuse?
In some cases, a parent who has committed domestic violence may be given an opportunity to regain rights or increased access if they:
- Complete court-ordered counseling or anger management
- Maintain a period of non-violence
- Comply with protective orders and parenting plans
However, the court will always weigh whether it’s in the child’s best interest to modify custody.
Protecting Your Child and Yourself
If you or your child are in danger, your safety comes first. You can take immediate steps to protect yourself:
- Call 911 in an emergency
- File for a Protective Order
- Document all abuse
- Speak to a family law attorney right away
Domestic violence should never be ignored or minimized in child custody cases. Your attorney can help ensure the court has all the information needed to make a decision that protects your child’s safety and future.
How Haugen Law Firm P.C. Can Help
At Haugen Law Firm, P.C. we represent survivors of domestic violence with compassion, urgency, and experience. We also defend the rights of parents wrongly accused of abuse. In either case, our team works tirelessly to protect what matters most—your children.
We can assist with:
- Filing for protective orders
- Modifying custody or visitation orders
- Collecting and presenting evidence
- Litigating high-conflict family law cases
If domestic violence is affecting your custody case, don't face it alone. Let our experienced legal team at Haugen Law Firm, P.C. help you build a safer, more stable future for your child.
At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!