While an amicable relationship with the other parent in a Texas divorce is usually in the best interest of minor children and both parents, sometimes this is simply not a realistic alternative.  The process of developing timeshare and custody arrangements may be difficult when certain issues are present, including an uncooperative co-parent, domestic violence, substance abuse and prior acts of abuse or neglect.  When issues of the fitness of a parent or willingness of a parent to cooperate in promoting a positive relationship with the other parent arise, this can promote acrimonious child custody disputes.  Domestic violence allegations in particular are extremely common in the context of child custody disputes in a divorce or paternity action.

Domestic violence can have a significant impact on child custody and parenting plan determinations in a Texas divorce.  Texas courts apply the best interest of the child standard when developing parenting plan and custody orders.  Although Texas courts generally regard close and continuing relationships with both parents to be in the best interest of minor children, courts may limit contact by a parent found to have a history of domestic violence toward the other parent.  Texas law bars a judge from awarding joint custody to both parents if there is credible evidence of domestic violence by one of the parents toward the other parent.

One type of evidence often used in Texas to establish domestic violence is a protective order (i.e. restraining order) issued against a parent.  It is important to understand that a protective order can be obtained on an ex parte basis with virtually no notice.  Although restraining orders obtained on this basis are of short duration, they can prevent you from having access to your children and even result in you exclusion from the family residence until a formal hearing.  Even if you have never been charged with spousal assault or any other form of domestic violence, the other parent may attempt to provide other forms of evidence, such as police reports and witness testimony.

While domestic violence is common and constitutes a very serious issue, sometime domestic violence allegations are used in a Texas family law case as a sword rather than a shield.  If you are involved in a divorce involving children or a paternity action where domestic violence is alleged, it is essential that you seek prompt legal advice so that your relationship with your children is not compromised by custody and parenting plan arrangements predicated on unfounded domestic violence claims.

Whether you are involved in a divorce with contentious child custody issues or you are seeking to reach an amicable child custody and visitation settlement, Texas family law attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options.  We invite you to contact us in our Longview, Texas office at 903-753-7499 or visit our website and submit a case contact form.