Can a man get custody of his child in the state of Texas when the mother has been arrested for assault?

The mother of my child has physically and mentally abused me for the last year. She was arrested for assaulting me, and instead of being a mother to our daughter she calls me incessantly while she leaves our child to cry all day. Is it a possibility for me to fight for my daughter?
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Answers (1)

Jacqueline Diane Cannon

Jacqueline Diane Cannon

Contributor Level 3
There is no maternal preference in the State of Texas regarding custody. The Court uses the "best interest of the child" standard so you would need to show it is in the child's best interest that you have custody. You should consult with an attorney who can discuss all of your options and the possible outcomes after hearing the specific facts of your case.
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