Children need stability and security, especially in their early formative years. Studies have shown that when these elements are lacking in a child’s life, their behavior, cognitive development, and physical and mental health are negatively impacted. Kids who witness or experience violence are more likely to miss out on the necessary stability and security they desperately need. That’s why family violence affects custody decisions in most cases.
What is Family Violence?
Domestic violence is referred to as family violence in Texas, and it is an umbrella term that includes many types and classifications of violence within a home. There are different types of family violence but is essentially an act by one member of a family or household that is intended to hurt or injure another member of the family. To determine how this may or may not impact custody decisions, a more specific definition is usually needed.
The court may consider the following elements and evidence:
- Whether the act was intentional or not;
- When the violent act occurred;
- Is there a history of violence in the home; and
- Is it likely to be repeated in the future.
A judge will generally use a two-year timeframe when considering acts of violence committed against family members.
Best Interest of the Child
The best interest of the child is the most important aspect in any custody or visitation case. Because of the severely harmful effect violence has on children’s development and physical and mental health, this is something the court will take seriously in any custody hearing. In fact, children do not need to be the ones experiencing the abuse or violence in order to be harmed by it. When a child witnesses a violent act committed against their family members, they can develop anxiety, post-traumatic stress disorder, aggression, and depression.
The Impact of Family Violence on Custody
So how will this actually affect your child custody case? It depends on a variety of factors, and predicting an exact outcome is impossible. However, you should expect any issues of violence or abuse to be discussed at length. The chances are high that a valid concern regarding child abuse will play a significant role in deciding custody.
In some cases, the victim or parent of the victim may seek a protective order to prohibit an abusive family member from continuing the behavior. A protective order is also used to set rules against harassment and stalking, as well as demand the abuser to stay away from the victim’s home or work. If there is a protective order in place prior to the custody hearing, the court may uphold that order and base custody arrangements on those terms.
Supervised visits are also an option if the court decides unsupervised visits are unsafe for the child. In extreme cases of abuse and violence, a parent risks losing their parental rights altogether.
If you are concerned about how a family violence history will impact your custody matter, or if you’ve been the victim of false allegations of family violence, The Fox Firm can help you prepare for your upcoming legal battle. Contact us today to schedule a consultation.