A custody fight is never a simple or easy matter, but some Texas parents face a legal battle that includes an additional layer of stress. When a parent is trying to protect his or her child from harm at the hands of the other parent, things can quickly become complicated. Limiting visitation with an abusive parent can be an uphill legal battle, and one in which there are few guarantees of success.
When approaching this type of child custody case, the parent who is seeking to protect his or her children from harm must have a very well-organized legal strategy. Unfortunately, courts often hear false allegations of child abuse that are made in an attempt to unfairly limit the rights of the falsely accused party. That has led courts to take a very critical approach to all claims of abuse, an outcome that can bring a great deal of harm to children.
For parents who know that abuse is a danger to their kids, it is important to have an aggressive legal strategy in place from the onset of a child custody case. This involves gathering as much evidence as possible to back up claims of abuse. The testimony of one parent against the other is often not given much weight in these types of cases. Evidence gathered from counselors, physicians, eyewitnesses to signs of abuse and others is more likely to assist in achieving a favorable outcome.
Unfortunately, there are many examples of cases in which an abusive parent was granted custody of his or her children, only to go on to abuse them again. The best way to prevent such an outcome is to present clear and compelling evidence to a court of law, whether in Texas or elsewhere. In most cases, children are best served by remaining connected to both of their parents. When abuse is a factor, however, limiting visitation is often the best possible course of action.
Source: salon.com, "Custody in crisis: How family courts nationwide put children in danger", Laurie Udesky, Dec. 11, 2016