Many couples in Texas face the challenge of trying to get or keep custody of their children after a relationship has ended due to a domestic violence situation.
Therefore, if you are a victim of this type of action along with your children, and you are seeking custody of them during or after a divorce, the first thing you should do is formally present your petition before a court in the state of Texas.
Below, we present more information to begin the legal procedures you need or to take action on the situation, in this way you will have the necessary knowledge to request custody of your children in Texas if you consider it necessary and at the time you deem appropriate. .
What is child custody about?
This refers to a legal term used to describe the rights and responsibilities of parents towards a child or children.
Usually, child custody is determined by a judge after considering the interests of the child, as well as the conditions of both parents to support the child.
Regarding the above, in Texas, said custody is determined by the “best interests of the child” standard, which means that the court will analyze the needs of the child, including the physical, emotional and intellectual health of the child. as well as the abilities and willingness of the parents to provide a stable home for the child(ren).
Types of Child Custody
Currently, there are 2 types of child custody in Texas. The most common types are:
-Joint custody: It is when both parents have the same share of responsibility and rights. That is, both will be able to see and share free time with him/her or them, as well as attend to the needs they have while they grow up and without one parent having more preponderance or legal weight over the other.
-Exclusive custody: One of the parents has or possesses full authority over the child, while the other will have certain rights or obligations, such as supervised visits, support, or any other clause that is stipulated to guarantee the well-being of the couple’s infants. separated or in the process of separating.
How do I file a child custody case in Texas after domestic violence?
When a situation of domestic violence arises, it is important to receive the appropriate help from family, friends, and specialists, so that the victim can overcome said situation in the most satisfactory way possible.
In this sense, several agree that, in most cases, the aggressor will try to take custody of the children to keep them away from the mother or father, which can be a difficult and complicated process to face.
However, with proper legal representation from a family law attorney, this can be a more bearable and less arduous situation.
If you consider yourself a victim of domestic violence, and need to file for custody of your children in Texas after a situation like this, there are a few things you should or can do.
First: Contact a domestic violence hotline in your area. These centers can provide you with support, advice and information about filing for custody of your children.
In addition, you should seek representation from a law firm or attorney. With this, you will be able to better understand the legal process that you are going to go through or are going through to correctly request custody of your child or children.
Finally, if you are the perpetrator of intrafamily or domestic violence, also remember that you should seek legal assistance for your defense. A lawyer can help you understand your rights in this regard, and provide you with the necessary resources and support so that you can overcome this type of situation in a more bearable way.