The Effect of Domestic Violence on Conservatorship

 Posted on January 10, 2024 in Child Custody

Domestic abuse has a profound effect on a marriage and any children involved. So much so that, should a divorce occur, the likelihood of the abuser receiving sole conservatorship is almost non-existent. It is almost guaranteed that any history of domestic abuse or violence that takes place in a household will be aired out in a court of law. A judge can take one look at the facts and, depending on the severity of the abuse, choose to limit or outright revoke visitation rights from the abusive parent. An Irving, TX divorce and conservatorship attorney can answer any questions you may have about custody, visitation, and how domestic violence can affect both.

Determination of Conservatorship, Possession, and Access

The court’s primary goal in child custody cases is determining a child’s best interest. The two significant aspects that factor into this regard are conservatorship and possession and access.

Conservatorship addresses primary decision-making rights for a child, such as education, medical care, and religion. Possession and access relate to visitation rights for both parents and where a child will reside for the majority of the time. When determining these rights and responsibilities, a judge will look to see if either parent has a history of domestic abuse or violence and use this information to address child custody issues.

Should the court discover that either physical or sexual abuse toward the child has occurred by one party or parent, then the Texas Family Code prohibits a judge from granting joint managing conservatorship to the parents. Instead, one will receive sole conservatorship (the non-abuser), whereas the other parent’s rights will likely be limited.

Ways In Which An Abusive Parent May Still Receive Custody Rights

Even with a history of domestic violence or abuse, a parent may still be granted custody rights to that child depending on the following circumstances:

• The child’s physical and emotional health will not be compromised or endangered by the abusive parent’s visitation or access
• It is in the child’s best interest that the abusive parent be granted access
• Protection is already in place for the child through a visitation order that may include supervised visitation

A child’s safety is prioritized above all else in the decision of child custody arrangements. Therefore, at the end of the day, a judge will thoroughly assess how domestic violence has affected a child’s well-being and make the decision they feel is in that child’s best interest.

Contact a Tarrant County, TX Child Custody Attorney

Domestic violence is a terrible situation that must not be taken lightly while also being handled delicately. It may require the help of an experienced Dallas, TX child custody lawyer familiar with the subject. For assistance in all things related to child custody, contact the Law Office of Michelle Poblenz at 469-845-3031. Through a reasonably priced consultation, we can discuss how to safeguard you and your children from further or future abuse.