How Can Domestic Violence Affect Child Custody Modifications?

 Posted on March 18, 2025 in Child Custody

Parents often think that once their divorce is finalized and custody arrangements are set, the hardest part is over. However, sometimes, patterns of domestic violence begin to emerge after the divorce. For example, one parent might notice signs of abuse or a concerning behavior pattern after the custody arrangement is already established. If that happens, that parent would naturally want to modify the custody agreement. An experienced and compassionate Texas family lawyer can explain more about how you can protect your child’s safety and well-being after your custody arrangement is already in place.

What Happens When Domestic Violence Emerges After Divorce?

Sometimes the conditions spouses agree to in their divorce seem suitable at the time, but when changes occur, they may feel the need to modify them. For example, if one spouse was earning a significant amount of money and agreed to a generous alimony package but then got laid off and can no longer afford it, the spousal maintenance agreement can be modified. 

A shared custody arrangement may initially work well, with both parents agreeing on visitation schedules and custody arrangements. However, one parent might later notice warning signs of domestic violence, either directed toward them or the children. This can include emotional abuse, physical violence, or patterns of controlling behavior that had previously been hidden or gone unnoticed during the marriage, particularly if the spouses were avoiding each other leading up to their divorce. If you are concerned for your child’s safety, you might consider seeking a modification of the custody order to protect them.

What Does Texas Law Say About Modifying Custody Due to Domestic Violence?

Under Texas law, a parent can request a modification of child custody arrangements if there has been a significant change in circumstances. Domestic violence falls under the category of changes that can warrant a modification. When a parent can provide evidence that domestic violence has occurred after the original custody order was made, the court can intervene to ensure the safety and welfare of the child. 

If you are concerned about your child’s safety with his other parent, you can file a motion with the court and explain what makes you feel a modification is justified. The court will review the evidence and decide how to proceed. It might modify the custody arrangement to restrict the other parent’s visitation, impose supervised visitation, grant you full custody and terminate the other parent’s parental rights, or order a full restraining order, depending on the severity of the case. As in all matters that impact a child, the court will prioritize the child’s best interest, which includes a safe and stable environment free from abuse.

Contact a Tarrant County, TX Child Custody Modification Lawyer

If you are concerned that your child is unsafe with his other parent, speak with a qualified Dallas, TX family law attorney as soon as possible. At Law Office of Michelle Poblenz, we are dedicated to helping children and families achieve their best outcomes and we can help you seek a modification of your custody arrangement to ensure your child’s safety. Call us at 469-845-3031 to schedule a private consultation so we can review your case and get started.