Domestic violence is a serious issue that can significantly impact child custody cases. During the legal separation or divorce of parents, the court must determine child custody and visitation arrangements for the child/children. In cases where there is a history of domestic violence, the court takes into consideration the impact that it has had on the child’s safety and well-being when determining which parent is granted custody.
How Does Domestic Violence Impact a Child Custody Court Order?
Family law courts view domestic violence as a serious concern when determining child custody orders. The impact of domestic violence on a child’s safety and well-being is a significant factor in the court’s custody decisions. Domestic violence is often seen as a form of child abuse and can have a detrimental impact on a child’s physical and psychological well being. Any form of evidence of domestic violence, such as police reports or medical records, can be crucial to the court’s decision in a child custody case.
If a parent is seeking custody of their child and has a history of domestic violence, it may result in the parent being denied custody altogether. The court may view a parent with a domestic violence charge unfit to have sole custody of their child. Because of this, the court may decide to award the other parent sole custody of the child. In some cases when a parent with a history of domestic violence is awarded child visitation rights, the court may place limitations on the parent’s visitation rights or require supervised visitation as part of the court order to ensure the safety and best interests of the child.
Domestic Violence and Child Custody Arrangements
Domestic violence can impact the type of child custody arrangement that is ordered by the court in a child custody case. In cases in which a parent has been charged with domestic violence in the past, the court will consider the safety and well-being of the child or children as the top priority. Generally, sole custody by a parent who has a history of domestic violence and abuse will not be granted by the family law courts because the parent is seen as unfit for the child’s best interests. If one parent has a history of domestic violence, a joint custody arrangement may also not be granted by the court depending on the specific case.
For child custody visitation arrangements involving a parent who has had a history of domestic violence, the court may order supervised visitation. This means that visitation time spent between the parent and child/children must take place while a third party adult is present to ensure the safety of the child. In more severe cases in which the court deems the parent to be a risk to the child’s safety and well-being, the court may deny visitations rights to the abusive altogether. If the primary caregiver of the child has been a victim of domestic violence by the other parent, the court is likely to award sole custody to the victim parent to ensure the child’s safety and stability, and ultimately protect the child’s best interests.
Protecting Children in Domestic Violence Situations
Ensuring the well-being and safety of children in domestic violence situations is the top priority of family law courts when determining child custody orders. In certain cases, child protective services may become involved to protect the child/children in environments of domestic violence. Resources are also available for families impacted by domestic violence such as therapy, counseling, and legal assistance.
If you or someone you know has been a victim of domestic violence, it is important to reach out to qualified resources for help. The experienced family law attorneys at Wilkinson & Finkbeiner have provided legal support for complex child custody cases and helped protect the best interests of the child in domestic violence situations. Having a skilled legal team on your side can help ensure the best possible outcome in complex child custody battles.