Protecting Your Parental Rights: The Risks of Three-Strike Laws in Texas Child Custody – Law Blog

Three strikes and also you’re out. That’s the saying in baseball when a hitter misses three pitches. A number of states have utilized that precept to legal legislation. When an individual commits three crimes, enhanced penalties could also be given for the third “strike.” Texas is pioneering whether or not the identical three-strikes precept could be utilized to little one custody.

The courtroom can punish one dad or mum who blocks one other dad or mum’s proper to go to the kid. Below the three strikes rule, if a dad or mum does this thrice, the courtroom can take away that dad or mum because the custodial dad or mum. There are additionally legal penalties hooked up if a dad or mum violates the opposite dad or mum’s rights. The primary offenses are punishable as a Class C Misdemeanor, punishable by a tremendous of $500. If the offending conduct continues, a 3rd offense could represent a state jail felony.

This legislation is meant to make sure that each mother and father get honest time with their little one and that no dad or mum ought to cease the opposite from spending time with their little one with no courtroom order or good trigger. Previous to this legislation being handed, solely non-custodial mother and father below Texas jurisdiction could possibly be punished for interfering with the parental rights of the custodial dad or mum. Below this new legislation, custodial mother and father may also be held answerable for interfering with the parental rights of the non-custodial dad or mum.

What are Three-Strike Legal guidelines?

Three-strike legal guidelines consult with a sequence of legal guidelines that give alleged offenders necessary penalties for a third offense. The particular particulars could differ between states. Some states make three misdemeanors right into a felony, and different states could prescribe harsher punishment for a 3rd felony. Components can embody the seriousness of the alleged crimes, the size of time between offenses, and the discretion of the choose. The overall precept is designed to imitate the outdated baseball adage: “three strikes and also you’re out.” 

Texas is taking the distinctive step of making use of this “three-strike” precept to household legislation and little one custody. The purpose is for legislation enforcement to prioritize repeat offenders in order that ordinary offenders face actual penalties.

Professionals and Cons of Three-Strike Legal guidelines

Three-strike legal guidelines in household legislation would have comparable professionals and cons to three-strike legal guidelines in legal courts. The first purpose of such legal guidelines is to discourage crime. If constant rule breakers know they are going to be punished for a 3rd offense, they might keep away from committing that third offense. Locking up ordinary offenders would enhance the general group and shield victims from potential repeat abuse.

Conversely, three-strike legal guidelines could also be too harsh. Most individuals would take into account giving defendants a life sentence for a non-violent felony or triple misdemeanors too harsh a sentence. Repeat offenders could not take into account the penalties they face earlier than performing, particularly if the conduct seems comparatively minor, corresponding to shoplifting some clothes. 

Household legislation is a system the place one could attempt to abuse the system to get forward of the opposite. If a dad or mum is aware of there’s a surefire means of denying custody to the opposite dad or mum. A dad or mum who has to reschedule an appointment or drop-off might be accused of “denying entry” to the kid. These minor “offenses” could possibly be benign to the common individual, however might snowball into a complete deprivation of rights for a dad or mum. This would additionally drive up lawyer charges as individuals rush to the courthouse to both accuse the opposite dad or mum of wrongdoing or must defend towards such unwarranted accusations.

Three-strike legal guidelines additionally concentrate on punishing “ordinary offenders.” Whereas which may be a worthwhile purpose in legal legislation, the purpose of kid custody ought to all the time be to advance a little one’s greatest pursuits. It doesn’t assist a toddler to punish one dad or mum for comparatively minor offenses, particularly since a toddler, particularly a minor little one, could blame him or herself for something that occurs to 1 dad or mum. Youngsters typically blame themselves when their mother and father’ divorce – having a three-strike legislation could solely heighten and manifest these fears.

One of many largest downsides of three-strike legal guidelines is that they take away loads of discretion by the choose to set a sentence. Within the household legislation context, the purpose of the household courtroom choose is to not punish a dad or mum however to advertise the very best pursuits of the kid.

Do I Want a Lawyer for My Household Regulation Problem?

If in case you have problem seeing your little one as the vacations strategy, you must contact a household lawyer at this time. A talented household lawyer can reply your questions, present steering in your case, and characterize your greatest pursuits in courtroom.