Child Custody Attorney Texas — DV Allegations and Their Impact
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
How DV allegations affect Texas custody
Texas Family Code §153.004 — family violence findings:
- Rebuts joint managing conservatorship presumption
- Court "shall consider" family violence committed in 2 years preceding filing or during pendency
- Sole managing conservatorship often appropriate
- Possession of children may be supervised or restricted
- No-contact provisions sometimes
- Geographic restrictions possible
- Counseling requirements common
Family violence definitions in Texas
Texas Family Code §71.004 family violence includes:
- Act intended to result in physical harm, bodily injury, assault, or sexual assault
- Threat causing reasonable fear of imminent harm
- Abuse of a child or child of the household
- Dating violence
Texas Family Code §85.001 protective orders apply broader civil standard than criminal family violence.
False DV allegations in custody
Patterns of false allegations:
- Strategic timing during custody proceedings
- Emergency protective order applications
- CPS reports paralleling custody case
- Mutual allegation scenarios
- Coaching of children
- Witness recruitment in social network
- Documentation manipulation
- Recantation patterns
When false allegations enter custody:
- Temporary orders often restrict access pending investigation
- Criminal proceedings may proceed parallel
- CPS investigations overlap
- Children become focus
- Defense becomes complex multi-track effort
Custody attorney specialization needs
- Family law expertise. Board certified preferred
- Trial experience. Contested custody often requires trial
- Criminal defense familiarity. Coordinating with criminal cases
- Protective order experience. Texas Family Code Chapter 85
- CPS proceedings knowledge. Family Code Chapter 263
- Custody evaluation expertise. Working with §107.103 evaluators
- Cross-examination skill. Challenging false allegations
- Expert witness work. Forensic psychologists, custody evaluators
- High-conflict case management. Specific patterns
- Client preparation. Testimony coaching essential
- Documentation strategy. Evidence development
- Multi-court coordination. Civil + criminal + CPS
Defense strategy for DV-allegation custody cases
- Immediate engagement of experienced custody attorney
- Coordinate criminal defense if applicable
- Comprehensive documentation. Communications, witnesses, records
- Witness identification. Friends, family, neighbors, professionals
- Custody evaluation request. When timing supports
- Guardian ad litem request. Independent child advocate
- Forensic expert engagement. Mental health, custody specialist
- Compliance with all court orders. Perfect compliance essential
- Communication restrictions adherence. When protective order issued
- Child contact through approved channels. When restrictions in place
- Mental health and substance use treatment if applicable. Demonstrating fitness
- Long-term strategic patience. Cases often take 1-3+ years
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
How do domestic violence allegations affect Texas custody?
Substantially — Texas Family Code §153.004 family violence findings rebut joint managing conservatorship presumption. Court must consider violence within 2 years before filing or during pendency. May produce sole managing conservatorship, supervised visitation, no-contact provisions.
Can false DV allegations affect Texas custody?
Substantially before truth emerges — temporary orders may restrict access during investigation; emergency protective orders may issue ex parte; criminal proceedings may proceed; CPS may investigate. Strong defense requires immediate experienced attorney engagement.
What's a custody evaluation under Texas Family Code §107.103?
Court-ordered or party-requested evaluation by qualified mental health professional. Multiple interviews with parents and children, observation of parent-child interactions, records review, sometimes psychological testing. Substantial weight given to evaluator recommendations.
What's a guardian ad litem?
Court-appointed advocate for child(ren) in family law proceedings. Independent of either parent; investigates and recommends to court on child's best interests. Texas Family Code §107.001. Particularly valuable in high-conflict custody cases.
How do I find a custody attorney experienced with DV allegations in Texas?
Texas Board Certified family law specialists with high-conflict custody experience. Recommendations from criminal defense attorneys (overlap with criminal cases). Initial consultations specifically asking about DV-allegation custody experience. Verify trial experience and cross-examination skills.
