Legal Question in Family Law in Texas

My ex-husband slapped my 9 year-old son on the face during one of his visits. I went to pick him up and called the police to meet me there. The officer said that I could not take my son because of the court ordered visitation (even though he was crying and did not want to stay) and also stated that in the state of Texas, it is not illegal to to use physical discipline as long as it does not leave a mark. In this situation I felt hopeless that there was nothing I could do to intercede for my son. Could this outcome have been different? And what does the law state about mental abuse.


Asked on 12/20/10, 4:28 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

The law discusses "best interests of the child". That is not defined in Texas. It is decided on by each individual judge.

You need to meet with an experienced family law attorney for more legal advice.

You probably need to modify your current court order. However, you need to prove that there is a change of circumstance. I assume that you did not see your ex-husband slap the child. So you only have hear-say evidence that is not admissable in court.

If you need a referral to an excellent attorney, call me at 713-847-6000 or email me at [email protected].

Read more
Answered on 12/27/10, 9:14 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas