Do I have a better chance of obtaining custody after the child’s mother assaulted me?

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Do I have a better chance of obtaining custody after the child’s mother assaulted me?

I was recently assaulted by the mother of my child; I pressed charges. I was wondering if there was any chance of this helping me in custody court to become the managing conservator in the custody battle?

Asked on January 7, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Generally speaking, Courts decide the issue of custody of a child or children in what is known as the "best interest of the child."  That is the standard used. So the court can indeed take in to account the reported and substantiated abuse of one parent of the other, along with other factors that they choose to look at as well: support of family, etc.  Do you have an attorney in all of this?  It may be in your best interest - and ultimately your child's - to speak with someone on the matter.  It could get ugly and an attorney can help control the situation for you.  Good luck.


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