Do Protective Orders Mean Losing Child Custody?

 Posted on July 15, 2024 in Child Custody

Child custody is a topic that comes with high emotions, and the division of possession (visitation) and conservatorship (decision-making responsibilities, or custody) is often one of the most contested parts of a divorce. If a protective order has been issued, the parent to whom the protective order applies will almost certainly see his or her child custody reduced or terminated altogether. Once a protective order is filed, it can be difficult to regain child custody.

An experienced Texas child custody lawyer can help you understand your next steps if you are dealing with a protective order during your divorce.

Protective Orders and Your Divorce

Protective orders in Texas are typically filed in response to allegations of imminent threat of harm or danger. When a protective order is filed during divorce, it can significantly impact the outcome of divorce proceedings, including the division of child custody and the allocation of spousal support payments.

Additionally, when a protective order is filed, it is more likely that the courts will allow the parent making the accusations of harm or danger to be the sole managing conservator of a shared child, giving that parent exclusive decision-making power over important areas of a child’s life. 

Can a Protective Order Disqualify Me from Child Custody?

Whether a protective order will affect child custody in the long term depends on whether there is proof supporting allegations of abuse or neglect. Initially, at least, emergency and temporary ex-parte protective orders can be issued even without great evidence. However, for protective orders to be extended past the initial expiration date, there must be a hearing involving evidence where the accused has the chance to dispute the allegations. 

If the allegations are substantiated in the hearing, child custody could be impacted significantly, including: 

• Restricted visitation rights, including supervised visits or strict visitation rules

• Denied visitation with a shared child

• Temporary loss of custody

• Permanent loss of custody

In severe cases, the courts may decide to terminate the offending parent’s rights completely. However, this is not done lightly, and only occurs in situations where the offending parent poses a dangerous risk to the co-parent and shared child.

Contact an Austin, TX Child Custody Lawyer

As you go through a divorce, child custody often becomes a complex issue, which can be made more difficult if a protective order is filed. If your spouse is making allegations of abuse or neglect, you will need a Travis County, TX child custody attorney to protect your rights and resolve your child custody disputes.

Our attorneys at Powers Kerr & Rashidi, PLLC are board-certified in the area of family law, and we will provide you with dedicated representation. Call 512-610-6199 for a consultation.