Q: Legal advice on obtaining full custody and protective order in TX.
I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no legal actions are currently in progress. I am concerned for my child's well-being around him and would like to obtain a protective order for both me and my child. I am receiving counseling for the abuse. What is the likelihood of obtaining full custody or terminating his parental rights?
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- Texas
- (214) 678-9111
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- Answered
A:
I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent assault and prior felony charge for aggravated assault against you, the court may find sufficient grounds to grant one. You may be able to obtain a protective order for free through your county's district attorney’s office, so it’s worth reaching out to see if they provide assistance.
Since there is no custody order in place, you can file a Suit Affecting the Parent-Child Relationship (SAPCR) to seek sole managing conservatorship (full custody). Texas courts prioritize the child’s safety, and a history of abuse can weigh heavily against the other parent. In extreme cases, if the court finds that he poses a significant and ongoing danger, it may terminate his parental rights, though this is a high legal bar requiring clear and convincing evidence.
You don’t have to handle this alone. A family law attorney can help you take the necessary legal steps to protect yourself and your child. Stay safe, and consider reaching out to local domestic violence resources for additional support.
This response is for informational purposes only and does not create an attorney-client relationship. Consult a qualified family law attorney for advice specific to your situation.
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