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Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Domestic Violence and Child Custody


When you have suffered domestic abuse at the hands of your spouse, you may be ready to leave. Though spouses who have been accused of domestic violence in Texas are no more successful at gaining custody than those who have not, child custody decisions in these situations can be nerve-racking for the victim.

There have been several trends in the world of child custody over the last decade. In the early 1900s, the common census was that fathers had ownership of their children. That soon gave way to the belief that it was critical for a child to be with their mother—especially during the early stages of childhood. In the 1970, the theme changed once more, following the guideline of “who was the best choice for the children.” Originally, the occurrence of domestic violence was not even a factor in which parent was awarded custody of the children.  

It was not until the 1990s that many states started to recognize that domestic violence should be taken into consideration when the decision was made to award custody to one parent or the other. Though more states than ever before were specifically mentioning domestic violence in their guidelines, the discretion that was given was broad.

Today, there are some statues in place that, though they were well intended, are not realistic and have the potential to put children, as well as the victim of domestic abuse, at further risk. If you would like more information on child custody in the cases of domestic abuse in Texas, speaking to an experienced attorney could be beneficial.

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