Fort Worth parents who are going through a divorce may be interested in some information on child custody issues when there was domestic abuse involved. While a court has the final say, a recent history of abuse often prevents contact between the abusive parent and their child.
When parents divorce, many factors go into determining the outcome of a child custody dispute. One of these factors is whether there is a history of abuse by the parent seeking legal custody of the child. A court will hear evidence to show that the parent has committed physical violence against their spouse, a child or the child's parent within the two years prior to the hearing. If evidence is found, the court will not grant that abusive parent joint or sole custody.
In addition to denying custody, the court will also consider denying the parent any access to the child if such evidence is shown. However, there are certain circumstances where the court may still allow that parent to see the child. This can include when the possession order requires supervision during visits and an abstention from any substance abuse by the parent, or when the court finds that a visit will not present a danger and is in the best interests of the child. If evidence shows abusive behavior in the past two years, that parent must present evidence to rebut this presumption that unsupervised visits are not in the best interests of the child.
Child custody issues can be difficult to understand without the assistance and counsel of a family law attorney. The attorney may be able to protect a parent's right to legal custody of their child or assist with a child custody modification when circumstances have changed.