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

UPDATED: Jan 7, 2011

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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


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

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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