Texas courts take domestic violence seriously in child custody cases. Here's what the law says and how to get help.
Physical or mental abuse that occurs behind closed doors is almost always brought out into the open during child custody proceedings. This abuse, often called “domestic violence,” can permanently affect which parent gets primary custody of a child. Depending on how serious the abuse is, the abusive parent may end up with limited visitation. In the most extreme cases, that parent may lose parental rights altogether.
Here's an overview of how Texas law defines domestic violence and how it can impact child custody and visitation rights.
Child Custody in Texas
A judge's primary consideration in Texas child custody cases is figuring out which arrangement is in the best interests of the child.
Texas divides child custody into two categories: conservatorship and possession and access. Conservatorship (called "legal custody" in most states) is the right to make medical, educational, religious, and other major decisions for the child. Possession and access (called "physical custody and parenting time" in most states) refers to where the child lives and how much time the child spends with each parent.
When making custody decisions, a Texas judge must consider evidence of domestic violence.
(Tex. Fam. Code §§ 153.002, 153.073, 153.074, 153.132 (2026).)
What Is Domestic Violence in Texas?
Under Texas law, domestic violence (also called "family violence") happens when a family or household member causes or threatens to cause physical harm, injury, or sexual assault to another family or household member.
"Family or household member" is defined broadly. It includes people related by blood or marriage, former spouses, and coparents. It also includes anyone who lives, or used to live, in the same home, related or not, and current and former dating partners.
(Tex. Fam. Code §§ 71.004-71.006 (2026).)
How to Get a Protective Order in Texas
If you have recently experienced domestic violence or are in immediate fear of violence against you or your children, you should call local law enforcement or 911.
If you've experienced domestic violence in the recent past and are afraid of future abuse, you can apply for a protective order. A judge will grant a protective order after finding that family violence has occurred. You can learn more about protective orders and find the forms to start a request at TexasLawHelp.org.
(Tex. Fam. Code § 85.001 (2026).)
How Domestic Violence Impacts Custody Decisions in Texas
Texas law restricts custody and visitation for a parent with a history of domestic violence in two separate ways. First, a judge can't name both parents as joint conservators if there's credible evidence of a history or pattern of physical or sexual abuse by one parent against the other parent, a spouse, or a child. When that's the case, the judge instead names one parent, almost always the one who wasn't abusive, as the sole managing conservator. Separately, a judge can't give a parent any access to the child at all if the evidence shows either a history or pattern of domestic violence by that parent in the two years before the case was filed or while the case is pending.
Even when the access rule applies, a judge can still allow the restricted parent limited access if it wouldn't endanger the child and would be in the child's best interests. If the judge allows access, they must also issue an order designed to protect the child, such as requiring supervised visits, safe locations for exchanging the child, a ban on alcohol or drug use before visits, and completion of a battering intervention and prevention program.
(Tex. Fam. Code § 153.004 (2026).)
Supervised Visitation
Supervised visitation means one parent can't be alone with their child without another designated adult present. Texas courts presume that it is not in a child’s best interests to have unsupervised visitation with an abusive parent. This doesn't mean that an abusive parent can only ever receive supervised visits with their child; however, the parent would need to prove to a judge that the child would be safe in the parent's care and that there is no likelihood of ongoing abuse.
(Tex. Fam. Code § 153.004 (2026).)
Termination of Parental Rights
A complete termination of parental rights is a severe and fairly uncommon outcome. A court may involuntarily terminate parental rights only in the most extreme circumstances, such as when an abusive parent seriously injures or sexually assaults a child. Ultimately, though, the court must find that termination would be in the best interests of the child.
(Tex. Fam. Code § 161.001 (2026).)
Getting Help
If you have questions about domestic violence and child custody in Texas, contact a local family law attorney.
The Texas Advocacy Project provides free legal help to victims of domestic and dating violence, sexual assault, and stalking, including help with protective orders and custody. Call the Hope Line at 800-374-HOPE.
