Q: How can a minor in Texas seek full custody for their mother due to emotional abuse from their father?
I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that his behavior is unacceptable, and I have documentation, including journal entries, emails, audio recordings, and a hotline transcript identifying it as emotional abuse. My sister, who is two years younger than me, has similar experiences. What steps can I take to convince the court to grant my mom full custody, and do I have a strong case?
A:
It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.
In my professional experience, "emotional abuse" cases are often very hard to substantiate and prove. Often, there is blowback at the other purportedly non-abusive parent for "parental alienation." Depending upon the evidence, this can result in the "emotionally abusive" parent and child being ordered to attend "reunification" therapy and/or being ordered to spend even more time together.
Moreover, in my professional experience, courts are extremely reluctant to exclude any parent from any child's life. Even parents proven to have committed serious physical abuse of a child are typically given some period of possession with that child. Generally, excluding any parent from any child's life requires extreme behavior.
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