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?
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
