When your parental rights and your relationship with your children are at stake, navigating child custody issues in Irving gets even more complicated if domestic violence allegations surface. Whether you have been accused or are concerned about your child’s welfare because of violence in the home, understanding exactly how Texas courts address these claims is critical. As someone who intentionally keeps my caseload small at Kelley Legal, I’ve guided families through complex child custody and domestic violence issues, often where crucial details—and lived experiences—make all the difference. Here’s what you need to know if child custody and domestic violence are both part of your story in Irving.

How Do Texas Courts Decide Child Custody After Domestic Violence Allegations?

Texas family courts, including those in Irving, apply the “best interests of the child” standard when deciding custody and visitation. Evidence of domestic violence—either recent or ongoing—weighs heavily in this calculation. Under Texas Family Code Section 153.004, a judge is required to consider any act of family violence by a parent in the two years before a custody case is filed. This includes not just violence against the child, but also against a spouse, another child, or any household member.

If the court finds credible evidence of a pattern or even a single recent serious act of domestic violence, there is a presumption against awarding that parent sole or joint managing conservatorship. The judge will review police records, affidavits, protective orders, and other supporting documents. However, this does not always mean the accused parent will lose all rights. Courts may still allow some visitation, often supervised, if it is safe and in the child’s interest. The accused parent can present evidence to rebut the presumption, but the burden is higher where violence is documented.

In Irving, local judges often bring in family counselors, require psychological evaluations, or appoint guardians ad litem to look out for the child’s best interests. Judges also consider the accused parent’s compliance with court orders, participation in counseling, and overall willingness to promote a healthy environment for the child. Having a legal advocate who knows the local system is vital to ensure your position is fully understood and fairly considered by the court.

What Evidence Is Used To Prove Or Disprove Domestic Violence In Child Custody Cases?

The outcome of a custody case involving domestic violence hinges on the strength and relevance of available evidence. Family courts in Irving look for clear, objective proof—hearsay on its own is unlikely to sway a judge. If you are accused or making an accusation, consider the following common types of evidence:

• Police Reports: These provide an official, contemporaneous account of what officers observed and documented.
• Protective Orders: A court order, if granted, is powerful evidence that a judge has already found risk of harm.
• Medical Records: Documentation of injuries, including dates and medical opinions, can link alleged abuse to medical visits.
• Witness Testimony: Statements from neighbors, family, friends, teachers, or other witnesses who saw or heard incidents.
• Digital Communications: Texts, emails, voicemails, and social media posts that reference threats, disputes, or violent acts.
• Reports from Child Protective Services (CPS): CPS involvement and findings are closely reviewed by the court.

The court also evaluates the credibility of each piece of evidence and each participant. Direct, physical evidence or reliable third-party accounts tend to be most persuasive. When fighting or defending against allegations, it’s important to collect, organize, and present any evidence promptly and properly under Texas evidentiary rules. The process can be daunting, and missteps or incomplete submissions may harm your case. Guidance from an attorney who is familiar with both criminal and family court procedures in Irving can strengthen your case considerably.

Remember, courts understand that domestic violence is often complicated and can happen without outside witnesses. Judges look closely at patterns, timelines, and corroborating details. If you’re unsure whether something counts as evidence, discuss it with legal counsel early; sometimes a single overlooked document or detail can make all the difference.

Can I Lose Custody In Irving If I’m Falsely Accused Of Domestic Violence?

False allegations of domestic violence occur in some custody disputes, particularly when emotions run high or when there are conflicts over parenting arrangements. In Texas—and especially in Irving’s family courts—accusations alone are never enough to determine custody, but they always trigger an immediate, detailed review. The court will thoroughly investigate both the allegations and any supporting evidence, as well as the motives behind a possible false allegation. Still, facing these claims puts you in a defensive position that must be addressed swiftly and carefully.

If you believe you have been falsely accused, act quickly. Gather documentation that contradicts the allegations, such as alibi evidence, friendly communications with the other parent after the alleged incident, or proof you were elsewhere. Reach out to potential witnesses who can speak to your character or directly refute the claim. Keep records of all relevant communications and comply fully with any temporary court orders, even if you believe they are based on false information.

I advise clients never to confront their accuser or attempt to “clear things up” without legal guidance; statements can be misinterpreted and used against you. Instead, build your defense with facts and work with a criminal defense attorney experienced in both family and criminal law in Irving. By presenting your side methodically, you can show the court that the accusation is unfounded and that awarding you custody aligns with your child’s well-being and best interests.

What Happens When There Is An Active Domestic Violence Charge Or Pending Criminal Case?

If you are facing an active domestic violence charge or a pending criminal case while also involved in a custody dispute, the process becomes even more urgent and complicated. Courts in Irving often issue temporary custody orders designed to protect your child until the outcome of the criminal process is decided. This may include:

• Immediate restrictions on visitation
• Requirements for supervised visitation only
• Mandated participation in counseling or parenting classes
• Emergency orders of protection affecting both contact with your child and with the other parent

The outcome of your criminal case will heavily influence the final custody decision. Even if charges are dismissed or reduced, the evidence uncovered—police records, testimony, underlying facts—remains available to the family court. If convicted, you may face long-term supervised visitation or significant limits on your custodial rights. If acquitted, the court will closely review whether concerns about safety and violence have truly been resolved.

Legal timing and strategy are critical here. I work closely with criminal defense counsel to ensure that what happens in criminal court does not unintentionally harm your family law case. For parents in Irving, this coordinated defense ensures compliance with both court systems and can protect your rights more effectively during overlapping investigations and hearings.

How Does Supervised Visitation Work In Child Custody & Domestic Violence Cases?

Supervised visitation is often ordered in Irving family courts when there is concern that a child may be at risk in the presence of a parent accused of domestic violence. This form of visitation allows the parent-child relationship to continue but in a controlled, monitored setting. Supervised visits typically occur at visitation centers or in the presence of a trained monitor or agreed-upon third party. The court will specify all rules, including who can supervise, where visits take place, and how long they last.

Judges are clear about expectations for supervised visitation. If you are ordered to participate, strict adherence to all conditions is essential. Failing to attend—or attempting to communicate with your child or the supervising adult outside approved channels—can be reported back to the court and negatively affect future custody rights. Positive, consistent participation in supervised visits, on the other hand, can demonstrate your commitment to your child and may be considered when future modifications are requested.

Supervised visitation is not meant to be a punishment; it is a protective measure to balance the child’s safety with the parent’s right to continued contact. Courts in Irving may order additional requirements—such as completion of anger management or domestic violence classes—before expanding visitation rights. As your advocate, I guide you through setting up these visits, understanding what is expected, and preparing for any court reviews or progress reports that may follow.

What If I Have Both Child Custody & Immigration Concerns Due To A Domestic Violence Charge?

For many parents in Irving, a child custody case involving domestic violence is made even more complicated by immigration concerns. Charges or even certain convictions for domestic violence can have severe immigration consequences—including the risk of deportation, visa ineligibility, or denial of permanent residency or citizenship. In these situations, it is not enough to consider only family law outcomes; understanding the bigger legal picture is essential to protect your family’s future.

At Kelley Legal, I offer one-on-one guidance and work directly with experienced immigration attorneys—some of whom share our office space. This collaboration enables me to develop a legal approach that takes your entire situation into account. Together, we review how each legal option—such as plea agreements or consent orders—could affect your ability to remain in the U.S. or maintain a specific immigration status. If you qualify for protection under immigration law due to being a victim of domestic violence, such as VAWA or U visa relief, I’ll advise you on how to pursue that relief while still fighting for your child custody rights.

Every document you sign, every statement you make in court, and every decision about your case must be weighed for its potential immigration impact. Because immigration authorities often review the same evidence presented in family court, documentation and testimony must be consistent and carefully prepared. I help my clients—especially Spanish-speaking parents—understand exactly what is at stake, so every legal step serves your best interests for both child custody and your family’s status in the U.S.

How Can A Bilingual Defense Attorney Help In Irving Child Custody & Domestic Violence Cases?

Language differences can become a major barrier during child custody cases, especially those involving domestic violence allegations. In courts across Irving, accurate understanding and communication are crucial. As a bilingual attorney, I provide direct, fluent counsel in both English and Spanish. This prevents misunderstandings that can arise from translation services and ensures that your concerns and questions are always clearly understood and addressed.

Communicating your side of the story in your first language lets you articulate details that could otherwise get lost. It also helps you understand complex legal documents, court instructions, and deadlines, so you are always informed at each stage of your case. This is especially valuable in hearings where precise testimony and reliable client communication can greatly affect a judge’s perception of your credibility and parenting ability.

Bilingual support at Kelley Legal extends beyond simple translation—it is about trust, clarity, and active advocacy. For Irving families that speak Spanish, it allows for greater participation in your legal case and promotes equal access to the justice system. My commitment is to represent every parent fully, meeting you where you are and empowering you to navigate your legal journey with confidence.

What Steps Should I Take Immediately If Domestic Violence Charges Could Impact My Parental Rights?

If you are facing domestic violence charges that may affect child custody, taking immediate and strategic action is vital. Swift decisions now can positively influence the outcome of your case. Here’s what to do as soon as you are notified of allegations or charges:

• Document Your Story: Write down everything you remember as soon as possible, including dates, times, circumstances, and witnesses.
• Preserve Evidence: Save text messages, emails, voicemails, and any social media posts related to the situation.
• Identify Witnesses: List and contact anyone who may have observed incidents or can vouch for your character and non-violent behavior.
• Obey Court Orders Completely: Avoid any violation of protective orders or temporary custody instructions, regardless of your opinion about their validity.
• Consult With An Attorney: Speak to a criminal defense attorney with specific experience in Irving child custody & domestic violence matters, especially if you also face immigration issues.

Avoid discussing the details of your case with your child or attempting to “explain” the situation, especially on social media or in writing. Do not try to resolve the issue in private with the accuser. Every action you take can be scrutinized in court—act as if everything may one day be evaluated by a judge. By preparing early and seeking the right legal assistance, you can help safeguard your parental rights and protect your child’s wellbeing.

Why Do Personalized Legal Strategies Matter For Child Custody & Domestic Violence Cases In Irving?

Each family’s circumstances are different, and legal strategies that respect those unique circumstances often make the greatest difference in Texas custody cases involving domestic violence. Generic approaches may overlook the specific facts, emotional dynamics, or immigration concerns relevant to your case. When I work with families at Kelley Legal, I intentionally take on a limited caseload so I can provide individualized, attentive support directed at your real-life needs and goals.

Clients receive one-on-one guidance throughout every stage of the legal process—from collecting evidence to appearing in court. My direct, frequent communication means your case is always understood in context and adjusted for sudden developments or new evidence. This ongoing involvement allows us to respond rapidly to court orders, leverage mediation opportunities, or prepare assertive court presentations depending on what will serve your family best.

When custody, criminal allegations, or immigration concerns intersect, your best defense is a legal strategy that brings together these multiple perspectives. My office routinely collaborates with immigration attorneys and family counselors right here in Irving. Together, we ensure no potential risk or opportunity is overlooked, helping you move toward a resolution that protects your parental rights, your relationship with your children, and your family’s future in the U.S.

If you’re navigating child custody issues and domestic violence allegations in Irving, you do not have to face it alone. A personalized legal strategy—supported by direct communication and local knowledge—can be your strongest ally. Reach out to Kelley Legal at (469) 564-3420 to discuss your next steps and protect your rights moving forward, whether you need guidance in English or Spanish.