My son's father thinks he is going to go to court to get custody from me, however prior to tonights incident i seriously doubted his ability. He was arrested this evening for hitting his wife while they were on a camping trip in Austin, Tx. with my 14 yr old son. Luckily my son was not there at the time. He hit his wife across the face at a service station in front of the attendant. Then chased her in the store and tried to hit her again. The attendents were witnesses. He has no prior issues except for a traffic ticket. I know what the law says as for punishment, but what does the judge look at, and what is the norm for someone without priors. He is a resident or Houston, Tx.
Criminal Defense Attorney
It is highly likely that he will be offered probation with conditions such as BIPP (batterers intervention prevention program) and / or anger management and possibly parenting class. It is not likely that he will be able to take custody from you at any time - especially now.
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.