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Child custody - Prioritizing Child Safety Amidst Criminal Activities

This legal question related to Family law attorneys in Texas has been answered.

Location: Texas  |  Law type: Family law attorneys

My son's mother, has multiple assault charges. One with a deadly weapon, two against me. In the most recent one last Tuesday, she followed me to work. She assaulted not only me but my sister as well. I have video of the incident, and plenty of witnesses. After she got booked in, she also had a dangerous drug charge. I'm worried, she's going to show up while I'm at work and take him. Any advice would be much appreciated.

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2 weeks 1 day ago, Family law attorneys, Rockmart
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2 weeks 3 days ago, Family law attorneys, Coral Gables

Legal Solution

The response provided below is specific to Family law attorneys in the jurisdiction of Texas. If the response is inadequate, please submit a detailed inquiry.

Prioritizing Child Safety Amidst Criminal Activities

Analyzing your situation, it seems you are dealing with an ex-partner who has multiple charges against her, including assault with a deadly weapon and drug possession. Your concern for your child's safety in her presence is valid and pressing. It is crucial for you to understand your legal rights and possible remedies in this situation, especially in Texas.

Relevant Texas Family Law Statutes

  • Texas Family Code § 153.004 - Consideration of criminal history in determining child's best interest.
  • Texas Family Code § 153.131 - Best interest of child.
  • Texas Family Code § 262.001 - Procedures in a suit by a governmental entity to protect the health and safety of a child.
  • Texas Penal Code § 22.01 - Assault.
  • Texas Penal Code § 22.02 - Aggravated Assault.

For a comprehensive understanding of family laws in Texas, you can review the official Texas State Law Library.

Legal Remedies and Course of Action

  1. Immediate Restraining Order: Given the recent violent episodes and threats to your safety, you can apply for an emergency restraining order. This would prevent her from coming near you, your workplace, or your residence.

  2. Modify Child Custody Orders: If you already have a custody agreement in place, it might be time to revisit it. You can petition the court to modify the child custody order, considering her criminal activities, especially those against you and your family.

  3. Consult a Family Attorney: To navigate this situation smoothly and understand your rights and obligations, it's essential to consult with a family lawyer. They will guide you through the legal processes and ensure your child's safety.

Estimated Legal Fees in Texas

Legal Process Estimated Cost (USD)
Emergency Restraining Order Application $600 - $1,050
Modification of Child Custody Orders $1,200 - $2,850
Consultation with Family Lawyer $150 - $350 per hour

Note: Prices might vary depending on the complexity of the case and the lawyer's experience. It's advisable to compare lawyers in your area for the best rates and expertise.

Need More Information?

While I've provided an overview based on the information you've shared, it would be beneficial to delve deeper into specifics to offer a tailored approach. Engaging with a legal professional directly is paramount.

Ready to Take the Next Step?

Secure your child's future and safety by taking proactive steps today. Remember, in times of legal complexities, it's always prudent to find the right lawyer who can guide you efficiently.

Relevant Questions for Your Situation

  • What are the current custody arrangements for your child?
  • Has she ever violated any prior custody agreements?
  • Are there any ongoing legal proceedings against her?

Understanding these details can help in forming a robust legal strategy.

Q1: Can I get full custody of my child based on the criminal charges against my ex-partner?

In Texas, the courts always prioritize the child's best interest. If you can prove that your ex-partner's criminal history and behavior poses a threat to the child, there is a possibility that you may be awarded full custody.

Q2: How long does it take to modify a child custody order in Texas?

Modifying a custody order can vary in time depending on the specifics of the case. If both parties agree, it can be relatively quick. However, if it's contested, it might take several months. A lawyer can provide a more accurate timeline based on your circumstances.

Q3: Are the charges against my ex-partner sufficient to get a restraining order?

Assault, especially with a deadly weapon, is taken seriously. Coupled with a drug charge, these could be significant grounds to request a restraining order, especially if there's a perceived threat to your or your child's safety.

Q4: How do I prove my ex-partner's unfitness in court?

Evidence like video recordings, witness statements, and police reports can be valuable. Documentation of each incident, as well as any communication between you two, can further strengthen your case.

Q5: What happens if she violates the restraining order?

Violating a restraining order is a criminal offense in Texas. If she breaches the order, she could face jail time, fines, or both, further strengthening your case for full custody.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Child custody - Prioritizing Child Safety Amidst Criminal Activities" has been changed 2 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Texas & area of law: Family law attorneys.
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A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.

  • Marriage, civil unions, and domestic partnerships (domestic violence)
  • Adoption and surrogacy
  • Child abuse and child abduction (child custody, child care)
  • The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
  • Juvenile adjudication
  • paternity testing and paternity fraud
  • more about family law at wikipedia

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