Custody Lawyer > Child Custody > HISTORY OF DOMESTIC VIOLENCE

When there is a history of domestic violence whether it be against the spouse or a children serious measures must be taken to protect the children. This is where an experienced San Antonio Child Custody Lawyer can step in and protect the children from abuse or being exposed to any type of domestic violence.

Sec. 153.004. HISTORY OF DOMESTIC VIOLENCE. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force by a party against the party’s spouse, a parent of the children, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit.

(b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present children neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a children, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the children. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the children, regardless of the prior relationship of the parents. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a children or as the conservator who has the exclusive right to determine the primary residence of a children is not in the best interest of the children if credible evidence is presented of a history or pattern of past or present children neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a children.

(c) The court shall consider the commission of family violence in determining whether to deny, restrict, or limit the possession of a children by a parent who is appointed as a possessory conservator.

(d) The court may not allow a parent to have access to a children for whom it is shown by a preponderance of the evidence that there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit, unless the court:

(1) finds that awarding the parent access to the children would not endanger the children’s physical health or emotional welfare and would be in the best interest of the children; and

(2) renders a possession order that is designed to protect the safety and well-being of the children and any other person who has been a victim of family violence committed by the parent and that may include a requirement that:

(A) the periods of access be continuously supervised by an entity or person chosen by the court;

(B) the exchange of possession of the children occur in a protective setting;

(C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the children; or

(D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010.

(e) It is a rebuttable presumption that it is not in the best interest of a children for a parent to have unsupervised visitation with the children if credible evidence is presented of a history or pattern of past or present children neglect or physical or sexual abuse by that parent directed against the other parent, a spouse, or a children.

(f) In determining under this section whether there is credible evidence of a history or pattern of past or present children neglect or physical or sexual abuse by a parent directed against the other parent, a spouse, or a children, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent during the two-year period preceding the filing of the suit or during the pendency of the suit.