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Custody Change After Father Views Porn With Child

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In Randall County, a woman is trying to alter a child-custody agreement with her ex-husband, because she claims that the man showed her 8-year-old daughter pornography. NPR reports that Crystal Buckner was first informed that her daughter had seen pornography with her ex-husband when the child admitted her experience to a therapist. The therapist then told the mother and then called child protective services in northern Texas.

The father, Jack A. Buckner II, claims that he showed porn to his three daughters because he said sex was something that the girls needed to know about. And while the man is currently being charged with child endangerment over the porn viewing incident, NPR states that educational intent is a defense under Texas law. To be convicted of child endangerment in Texas, the district attorney of Randall County will have to prove that the father put his daughters in "imminent danger of mental impairment" by showing the porn.

In terms of a child custody agreement, family courts usually have the power to modify an existing child custody arrangement to meet the needs of a child and respond to parental changes. However, FindLaw states that courts will usually only modify an existing order if the parent asking for the change can show a "substantial change in circumstances." Crystal Buckner and Texas family law attorneys would therefore have to show that the daughters' one-time pornography viewing experience has had a negative impact on the girl's living environment and has led to a change in lifestyle. Conviction of child endangerment can also be a reason to terminate a parent's parental rights.

Child custody is often a difficult legal issue to navigate. If you have questions about modifying a child custody order, speaking with a Houston family law attorney could be helpful. For more general information, please visit our Related Resources links.

Related Resources:

  • Modification of Custody (FindLaw)
  • Family Court and Final Judgment (FindLaw)
  • See a Houston Family Law Attorney (FindLaw)

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