Legal Question in Family Law in Texas

My ex is being charged with assault against me and our son. If she goes to jail will I be able to get full custody and her rights revoked? Also, before going to trial will I be able to get a restraining order and child support? As of right now we have joint custody.


Asked on 9/23/09, 9:22 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The assault charge makes a big difference, but it doesn't necessarily mean an airtight case for you. She will fight you.

However, if she goes to jail, the court would almost certainly give you custody on a temporary basis.

Revocation of her parental rights would be much tougher, and the standards (in the Family Code) are higher - in other words, you have to prove more.

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Answered on 9/29/09, 6:21 pm


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