Domestic Violence and Child Custody: The Stakes Are High in Harris County
When parents separate, determining child custody is one of the most emotional and critical aspects of the process. In Texas, all custody decisions are guided by one primary principle: the best interest of the child. However, when an allegation or conviction of domestic violence is involved, the entire landscape of a custody case changes dramatically.
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A finding of family violence can create a legal presumption that it is not in the child’s best interest for the accused parent to have certain rights and responsibilities. This can have devastating and long-lasting consequences on your ability to see your children and make decisions about their lives. This guide explains how a domestic violence conviction impacts child custody cases in Houston and Harris County and what you need to know to protect your parental rights.
The “Best Interest of the Child” Standard in Texas
In any Texas child custody case, a judge’s primary focus is determining what arrangement is in the “best interest of the child.” The Texas Family Code provides a list of factors, known as the “Holley Factors,” that judges in Harris County and across the state consider when making this determination.
The Holley Factors
- The emotional and physical needs of the child now and in the future.
- The emotional and physical danger to the child now and in the future.
- The parental abilities of the individuals seeking custody.
- The stability of the home or proposed placement.
- Any acts or omissions by a parent which may indicate that the existing parent-child relationship is not a proper one.
- Any history of family violence.
While all factors are important, a history of family violence is one of the most significant and heavily weighted factors. A finding of domestic violence directly impacts the analysis of “danger to the child” and the “parental abilities” of the accused parent.
The Legal Presumption Against Abusers in Custody Cases
The most significant consequence of a domestic violence finding in a Texas child custody case is the creation of a legal presumption. Under the Texas Family Code, if a court finds that a parent has a history or pattern of committing family violence, it is presumed that it is not in the best interest of the child for that parent to be appointed as a Joint Managing Conservator or the Sole Managing Conservator.
What Does This Presumption Mean?
In practical terms for a case in Harris County, this means:
- Loss of Decision-Making Rights: The parent accused of family violence is likely to lose the right to make key decisions about the child’s life, such as those regarding education and non-emergency medical care.
- Restricted Possession and Access: The court will likely restrict the parent’s time with the child. This can mean that all visitation must be supervised, or in some cases, denied altogether.
- The Burden of Proof Shifts: The burden is on the accused parent to prove to the court that awarding them joint custody or unsupervised visitation would still be in the child’s best interest, which is a very high legal hurdle to overcome.
This presumption is a powerful tool used by Houston courts to protect children from potential harm. It can be triggered by a criminal conviction for domestic violence, a final protective order, or even just testimony and evidence presented during the custody case itself.
Facing allegations of family violence in a custody case? Get legal help immediately.
Long-Term Effects of a Domestic Violence Finding on Parental Rights
The impact of a domestic violence conviction or finding extends far beyond the initial custody order. It can have long-lasting effects on your parental rights in Texas.
Future Modifications
If you are given supervised visitation, it can be very difficult to modify the order later to get unsupervised visitation. You will likely need to show the Harris County court that you have completed extensive therapy, anger management, and that a significant amount of time has passed without any further incidents.
Geographic Restrictions
The court may place a geographic restriction on where the child can live, which could limit your ability to move.
Loss of Other Rights
A felony domestic violence conviction can lead to the loss of other civil rights, such as the right to own a firearm, which can have an indirect impact on your life and family.
Because the consequences are so severe, it is critical to address any allegation of domestic violence aggressively from the very beginning, both in the criminal court and in family court in Houston.
Defending Your Rights in a Houston Custody Case
If you are facing a domestic violence allegation in the context of a child custody case in Houston, it is imperative to take action to protect your parental rights. This involves building a strong defense in your criminal case and presenting a clear and compelling case in family court.
The Former Prosecutor Advantage in Complex Cases
Lisa Shapiro Strauss’s experience as a Former Prosecutor gives her unique insight into how these allegations are investigated and prosecuted. She understands the type of evidence the State and family courts find compelling and knows how to build a defense that challenges false or exaggerated claims. This background is invaluable when the stakes involve both your freedom and your relationship with your children.
A Coordinated Defense Strategy
It is essential to have a defense strategy that coordinates between your criminal case and your family law case. The outcome of one can directly impact the other. As an experienced Houston criminal defense attorney, Lisa can help you navigate the criminal allegations with a full understanding of how it will affect your custody goals.
FAQs About Domestic Violence and Child Custody in Texas
Do I need a criminal conviction for domestic violence to lose custody?
No. A Texas family court judge can make a “finding of family violence” based on the evidence presented in the custody case alone, even without a criminal conviction. This finding is enough to trigger the legal presumption against you.
What if the other parent and I agree on custody, despite a past incident?
While judges in Harris County often approve agreements made between parents, they are not required to do so if they believe the agreement is not in the child’s best interest. A history of family violence is a major red flag that could cause a judge to reject an agreement.
Can I get my rights back after a domestic violence finding?
It is very difficult, but not impossible, to rebut the presumption or later modify an order. It typically requires showing significant rehabilitation, such as completing a Battering Intervention and Prevention Program (BIPP), therapy, and maintaining a clean record over a long period.
What if the domestic violence allegations are false?
If you are facing false allegations in a Houston custody case, it is critical to present evidence to challenge them. This can include witness testimony, text messages, emails, and other proof that contradicts the accuser’s claims. An experienced attorney is essential to effectively fight false allegations.
Protect Your Parental Rights: Get Help Today
Allegations of domestic violence are one of the most serious issues that can arise in a Texas child custody case. Do not wait to seek legal help. The future of your relationship with your children is at stake.
If you are facing a domestic violence conviction or allegation that is impacting your child custody case in Houston or Harris County, contact the law office of Lisa Shapiro Strauss. Her experience as a Former Prosecutor and a dedicated criminal defense attorney provides the knowledgeable and aggressive representation you need to protect your parental rights.
Discuss your custody and criminal defense needs with an experienced Houston attorney.
