There are laws that govern the rights of custody and visitation in cases of domestic violence . First, the judge must decide whether there is domestic violence , and in this case, the judge has to apply special rules to decide custody of the children .
The judge will try the case as a case of domestic violence whether in the past 5 years :
- One parent was convicted of committing domestic violence against the other parent ;
- A court decided that 1 parent committed domestic violence against the other parent or child .
- In general, when a judge decides your case is domestic violence , CAN NOT give custody (whether sole or joint ) to the parent who committed violence . But that parent may have a schedule of parenting ( visitation ) .
A judge CAN give sole or joint custody to the parent who committed violence if:
- We test the court to give joint or sole custody is in the best interest of the children ;
- He has successfully completed a batterer intervention program of 52 weeks duration ;
- He has successfully completed counseling on substance abuse if the court ordered it;
- It has successfully completed a parenting class if the court ordered it;
- You are on probation or parole and has it complied with the terms thereof;
- There is a restraining order against him and fulfilled ; and
- NO has committed any further acts of violence .
It is always advisable to go to a lawyer who can represent to help you. Gino lawyer contact the Bureau, is a Family Lawyer in Houston to fight for Child Custody.
Gino Mesa Law Firm
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