Texas custody cases become more complex when substance abuse, domestic violence, or unique considerations related to a child’s age are involved. In each of these situations, the court has specific tools and safeguards designed to protect children while still preserving a parent’s right to maintain a relationship with their kids. Understanding how these factors influence custody decisions can help you prepare for what to expect and how to protect your family.
At Youngblood Law, PLLC, we provide future-focused family law guidance to families in Fort Worth and across Texas. With 15+ years of combined experience, our team is prepared to help you navigate even the most challenging custody situations.
Substance Abuse and Custody in Texas
When substance abuse is present in a custody case, whether involving illicit drugs or alcohol, the court takes immediate steps to protect the children. The first step is typically court-ordered testing. If that initial test comes back positive, the parent will likely be placed on a supervised possession schedule, meaning their time with the children is reduced and must take place under supervision.
The parent remains on supervised possession until they can produce a clean test result. Once that happens, the court transitions the parent to what is known as a stepped up possession schedule. This is a gradual process that increases the parent’s time with their children in stages, with continued testing required throughout.
The number of steps in the schedule depends on the specifics of the case. A parent with a long history of substance abuse will generally face a longer, more gradual path back to a standard possession schedule. The key requirement is consistent clean testing at every stage.
There is also a built-in safeguard. If a parent is progressing well through the steps and then produces a positive test at any point, they go back to step one. This means reduced time with the children and more frequent testing all over again. The court takes this seriously because the safety of the children is always the top priority.
How Domestic Violence Affects Custody Arrangements
Domestic violence adds another layer of complexity to custody cases in Texas. When abuse is part of the picture, the court will likely begin with a supervised possession schedule for the parent accused of the violence. From there, the specifics depend on the nature of the abuse.
If the domestic violence occurred between the parents or partners and the children were not directly involved, the court’s primary concern is making sure that custody exchanges happen in a safe, supervised manner. The focus is on protecting the other parent during transitions while still allowing the children to maintain a relationship with both parents.
If the children were directly abused by the parent, the court puts additional safeguards in place. Possession will be supervised, and the parent may be ordered to complete a batterer’s intervention class or attend therapy. These requirements are designed to address the behavior and ensure the parent is taking steps to change before unsupervised time is restored.
Every domestic violence case is different, and the court evaluates the facts individually to determine what level of protection is appropriate. Having experienced legal representation is critical in these situations to ensure the right safeguards are in place and that your children’s safety comes first.
Does a Child’s Age Matter in Custody Schedules?
Many parents assume that a child’s age has a significant impact on the custody schedule, but in Texas, the standard possession order can technically apply from birth all the way to age 18. A three-year-old and a seventeen-year-old could have the same possession schedule under the code.
The one exception involves children under three years old. The Texas Family Code recognizes that very young children have unique needs, particularly if they are breastfeeding, which can make exchanges of possession more complicated. For children under three, the court can deviate from the standard possession order to accommodate those needs.
Once a child turns three, however, the code treats the possession schedule as set. In theory, no modification is needed until the child turns 18. In reality, most families do need to revisit their custody arrangements as children grow and their needs change, but the legal baseline remains the same.
Understanding this distinction is important because it means that if you need a different schedule for a very young child, you should address that early in the case. Once the child turns three, the standard possession order becomes the default.