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Does husband who choked wife and ask do you want to die in front of kids likely to get custody of children?

Austin, TX |

Assaulted disabled father in law, asked to take anger management by VA his employer for bullying on job. Hurt wife with fractured back by slamming to ground.Travis County issued restraining order against him. Kids afraid of him and say so.

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Attorney answers 4

Best Answer
Posted

I mean, if you can prove those facts by clear and convincing evidence in court, then not a snowball's chance in hell is that man going to get custody of those kids. He sounds like a lunatic.

Posted

If you can get or have a family violence protective order against him, the answer is a resounding "no". Get a lawyer involved. Protect yourself and your children.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

Posted

The default in SAPCR orders is standard possession, which is unsupervised roughly 1st, 3rd, 5th weekends, month in summer, alternating holidays. However, the restraining order (I'm guessing actually "protective order") may provide far more restrictions, or may not mention kids at all. If it's a 2 year PO, with major restrictions, that sounds like may be what you want, but worth talking to a lawyer to be ure. If it's only a 90-day EPO or something even less, DEFINITELY talk to a lawyer.

The above is legal information, not legal advice. If you have not paid me and signed a contract, we do not have an attorney-client relationship and I am not your lawyer. • Christine Henry Andresen • www.chalaw.com

Asker

Posted

Really of benefit. Protective order is 2 weeks with hearing on 5/16 to go 2 years. Hence he got attorney &I filed for divorce.

Christine Henry Andresen

Christine Henry Andresen

Posted

Glad that was helpful. (I think there's somewhere you can click "best answer" if you want?) If he got a lawyer, he'll likely get some level of visits. If county attorneys representing you in PO, ask for major restrictions in the 2 year PO.

Posted

Based on those facts, probably not.

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