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Sexual assault and parental rights in Texas

| Jun 8, 2021 | Family Law, Sex Crimes |

Sometimes arguments between parents become heated, and allegations are thrown back and forth. Eventually, you may find yourself facing charges of sexual assault. You may be very concerned about whether you may see your children moving forward. This is a valid concern.

Texas law on custody and sexual assault

Under Texas law, if for the two years following the child’s birth the child’s parents were married or living together and an act of sexual assault occurred, the court has the authority to terminate your rights to your child if, by clear and convincing evidence, you have been convicted of sexual assault and terminating parental rights is in the best interests of the child. This is serious, as the termination of parental rights means you no longer can see your child until they are no longer a minor.

Texas law on protective orders

Even if you are not criminally charged with domestic violence your spouse can obtain a protective order under the following circumstances. First, you must have harmed your spouse or threatened to harm your self. Second, your spouse must fear that your will harm them again. Finally, you must be married to your spouse or consider them a dating partner or simply the child’s other parent. A protective order may have an impact on your ability to be with your child.

Learn more about child custody in Texas

Even being accused of domestic violence can affect your child custody rights. This post is for educational purposes only and does not contain legal advice. Those who want to learn more about child custody in Texas are encouraged to explore our firm’s website for further information.