Texas Child Custody Private Investigator, Trinity Investigations understands that when one spouse keeps you from visiting your children during your court appointed time is heartbreaking. When one spouse keeps you from your children to punish you or to make do something that you will later regret, we understand. You may need to uncover the truth to alter a court ordered custody. We can help you document this activity and discover what your spouse is actually doing with your children. Discover the truth, let the investigators of Trinity Investigations help you get the evidence that you need.

There are certain laws to help you with your Child Custody case:

"The following information is provided for informational purposes only and should not be considered or relied upon as legal advice. You should consult with a competent attorney if you have any questions or need advice concerning any of these issues." You may also view the full text versions and the complete Texas Divorce laws at Texas Divorce Laws.

Texas Public Policy

Section 153.001 of the Texas Family Code

 

(1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;
(2) provide a safe, stable, and nonviolent environment for the child; and
(3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

 

Best Interest of the Child

Section 153.002 of the Texas Family Code

 

The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

 

History of Family Violence

Section 153.004 of the Texas Family Code

 

 In determining whether to appoint a party as a sole or joint managing
conservator, the court shall consider evidence of the intentional
use of abusive physical force by a party against the party's spouse,
a parent of the child, or any person younger than 18 years of age
committed within a two-year period preceding the filing of the suit
or during the pendency of the suit.

The court may not appoint joint managing conservators if
credible evidence is presented of a history or pattern of past or
present child neglect, or physical or sexual abuse by one parent
directed against the other parent, a spouse, or a child, including a
sexual assault in violation of Section 22.011 or 22.021, Penal
Code, that results in the other parent becoming pregnant with the
child.  A history of sexual abuse includes a sexual assault that
results in the other parent becoming pregnant with the child,
regardless of the prior relationship of the parents.  It is a
rebuttable presumption that the appointment of a parent as the sole
managing conservator of a child or as the conservator who has the
exclusive right to determine the primary residence of a child is not
in the best interest of the child if credible evidence is presented
of a history or pattern of past or present child neglect, or
physical or sexual abuse by that parent directed against the other
parent, a spouse, or a child.

 

The court shall consider the commission of family
violence in determining whether to deny, restrict, or limit the
possession of a child by a parent who is appointed as a possessory
conservator.
 

The court may not allow a parent to have access to a
child for whom it is shown by a preponderance of the evidence that
there is a history or pattern of committing family violence during
the two years preceding the date of the filing of the suit or during
the pendency of the suit, unless the court:

(1)  finds that awarding the parent access to the child
would not endanger the child's physical health or emotional welfare
and would be in the best interest of the child;  and

(2)  renders a possession order that is designed to
protect the safety and well-being of the child and any other person
who has been a victim of family violence committed by the parent and
that may include a requirement that:

(A)  the periods of access be continuously
supervised by an entity or person chosen by the court;

(B)  the exchange of possession of the child occur
in a protective setting;

(C)  the parent abstain from the consumption of
alcohol or a controlled substance, as defined by Chapter 481,
Health and Safety Code, within 12 hours prior to or during the
period of access to the child;  or

 

                (D)  the parent attend and complete a battering
intervention and prevention program as provided by Article 42.141,
Code of Criminal Procedure, or, if such a program is not available,
complete a course of treatment under Section 153.010.

(e)  It is a rebuttable presumption that it is not in the best
interest of a child for a parent to have unsupervised visitation
with the child if credible evidence is presented of a history or
pattern of past or present child neglect or physical or sexual abuse
by that parent directed against the other parent, a spouse, or a
child.
(f)  In determining under this section whether there is
credible evidence of a history or pattern of past or present child
neglect or physical or sexual abuse by a parent directed against the
other parent, a spouse, or a child, the court shall consider whether
a protective order was rendered under Chapter 85, Title 4, against
the parent during the two-year period preceding the filing of the
suit or during the pendency of the suit.

 

Preference of the Child

Section 153.008 of the Texas Family Code

 

A child 12 years of age or older may file with the court in writing the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child, subject to the approval of the court.