When custody is contested between two parents and one has been the victim of domestic violence, what will the court do? The court shall consider evidence of the intentional use of abusive physical force by a party against a spouse, a parent of the child, or any person younger than 18 years of age if committed within a two-year period preceding the filing of the suit or during the pendency of the suit. Depending on whether a protective order has been requested, after the judge has heard the testimony and seen the evidence provided, a decision will be made whether to grant a protective order after which time the judge will make a determination regarding conservatorship and possession of and access to a child by each parent.
It is important for you to understand how domestic violence can make a difference in custodial rights for both parents, whether you are the victim of domestic violence or have been accused of physical abuse. Be informed and know all of your rights as well as the legal ramifications of a protective order and how this can affect a parent’s right as related to custody, possession and access to the children if a protective order is granted.
Attorney Alma R. Benavides will provide you with legal advice so that you understand your rights as a parent and what type of conservatorship and possession of and access you are entitled.
Alma R. Benavides combines her dedication and extensive experience in family law when handling your case. She provides honest and in-depth legal advice in a cost-effective manner. We aim to protect your parental rights and reach positive solutions for your family.
Contact our law offices in Plano, Texas at (972) 578-2600 (locally) today or e-mail for an initial consultation.