Mesquite, TX asked in Child Custody, Child Support and Family Law for Texas

Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?

3 Lawyer Answers
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Divorce Lawyer
  • Bryan, TX
  • Licensed in Texas

A: In order to prevail on a Motion to Modify custody, you have to prove two things: 1) A substantial and material change of circumstances on the part of the mother, the father, the child or some combination of the three, and 2) that the requested modification is in the best interests of a child. I have seen custody changed in cases where facts were proven that are similar to your case.

Kiele Linroth Pace agrees with this answer

Sharita Blacknall
Sharita Blacknall
PREMIUM
Answered
  • Divorce Lawyer
  • Dallas, TX
  • Licensed in Texas

A: If you can prove a material and substantial change and that the change is in the best interest of the child.

Keep in mind that there is nothing illegal per se about corporal punishment. Therefore, this situation will be dependent upon the totality of the circumstances.

If you feel the child is being abused or neglected you should act immediately.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Austin, TX
  • Licensed in Texas

A: It is not a crime for parents and stepparents (or someone similarly situated) to use force, but not deadly force, against a child under the age of 18 if they reasonably believe the force is necessary "to discipline the child or to safeguard or promote his welfare." However, hitting the kid for a different reason might be a crime, depending on the circumstances.

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