Cuero, TX asked in Family Law, Child Custody and Domestic Violence for Texas

Q: Can he still get custody/visitation in a domestic violence situation with a protective order and arrests?

Ex boyfriend and I have one child, a toddler. The child lives with me. Ex has been arrested for his violence and stalking (both felonies, trial has not yet been set; the violence in this charge was against the toddler), and I've had an Emergency Protective Order, Ex Parte Temp Protective Order and currently a 2 year Order of Protection. The current order restricts him from coming within 200 yards of either of us, denies him having possession of our child or taking the child outside the county, and from contacting me except through a lawyer. I found out he has since filed a SAPCR with the OAG and apparently still intends to try to get custody/visitation. There is no custody order in place and the SAPCR is still in discovery phase, no hearing or service of papers.

How does custody and visitation work in such a situation and is it feasible it can be granted to him?

2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: Take close a look at chapter 85 of the Family Code, especially Subchapter D near the bottom of the statute.

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm

You should hire a local FAMILY LAW attorney who has experience with Child Custody matters, especially those involving domestic violence.

1 user found this answer helpful

John J. Pfister Jr.
PREMIUM
John J. Pfister Jr.
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: The Family violence is a factor but short answer - can he - possibly. However, even if family court grants visitation, bond conditions from criminal court may prevent access. He is likely going to have to the Court that granted the PO to modify the PO to allow access.

1 user found this answer helpful

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