Publication Date
Winter 12-20-2024
Degree Level
B.S.
Program
Honors
First Advisor
Mrs. Christina Campos
Second Advisor
Dr. Camille Langston
Document Type
Project
Abstract
Domestic violence is a prevalent crisis that has detrimentally impacted the well-being of individuals on a personal, communal, and global scope. Domestic violence is characterized as generational violence where exposed children have a heightened risk of becoming the perpetrators of or being perpetrated by violence. Using the Texas Family Code and supporting scholarly documents, the adverse effects exposure to violence has on children, and the current law regarding child custody in parental separation for cases of domestic violence was investigated. Research determined that continued exposure to violence is influenced by the judicial ruling of full or partial child custody to the perpetrator. The judicial ruling was found to be attributed to the lack of definition for the “best interest of the child” and arbitrary terminology in the Texas Family Code. This paper proposes a bill amending Sections 153.001, 153.002, and 153.004 of the Texas Family Code to define the “best interest of the child” and implement the term “must” over the current terms, “shall” and “may” in the Texas Family Code. These modifications will allow for greater clarity regarding the “best interest of the child,” mandate certain legal proceedings in favor of child survivors of domestic violence, and act as a safeguard against judicial bias. The paper has immediate and long-term goals. The immediate goal would include garnering support for the proposed bill and amending sections 153.001, 153.002, and 153.004 of the Texas Family Code. The long-term goal of this proposed bill is to act as a foundation and incentive for others to investigate the legal side impacting children exposed to domestic violence and instill change.
Recommended Citation
American Academy of Child and Adolescent Psychiatry. “Domestic Violence and Children.” Aacap.org, 2019, www.aacap.org/AACAP/Families_and_Youth/Facts_for_Families/FFF-Guide/Helping-Children-Exposed-to-Domestic-Violence-109.aspx. Centers for Disease Control and Prevention. “About Adverse Childhood Experiences.” U.S. Centers for Disease Control and Prevention, 8 Oct. 2024, www.cdc.gov/aces/about/index.html. Leadership Council on Child Abuse and Interpersonal Violence, “Parents Losing Custody |.” Leadershipcouncil.org, 2015, leadershipcouncil.org/parents-losing-custody/. Accessed 11 Dec. 2024. National Domestic Violence Hotline. “Domestic Violence Statistics.” The Hotline, National Domestic Violence Hotline, 2024, www.thehotline.org/stakeholders/domestic-violence-statistics/. “Plainlanguage.gov | Shall and Must.” Www.plainlanguage.gov, www.plainlanguage.gov/guidelines/conversational/shall-and-must/. Saunders, Daniel G. and Kathleen C. Faller. "Representations of Domestic Violence in Custody Disputes: An Examination of the Relationship Between Domestic Violence Allegations and Custody Outcomes." St. Mary's Law Journal, vol. 38, no. 3, 2007, pp.12. “Texas Family Code Chapter 153. Conservatorship, Possession, and Access.” Statutes.capitol.texas.gov, statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm. U.S. Department of Justice. “Domestic Violence.” Justice.gov, U.S. Department of Justice, 15 Oct. 2024, www.justice.gov/ovw/domestic-violence. Accessed 19 Nov. 2024. “U.S. Divorce Child Murder Data.” Center for Judicial Excellence, centerforjudicialexcellence.org/cje-projects-initiatives/child-murder-data/. Zhu, Jenney, et al. “Adverse Childhood Experiences and Intimate Partner Violence: A Meta-Analysis.” Development and Psychopathology, 3 Apr. 2023, pp. 1–15, pubmed.ncbi.nlm.nih.gov/37009672/, https://doi.org/10.1017/S0954579423000196.
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