When domestic violence is an issue in a divorce or child custody case, there are some very specific things that must be considered. The ideal outcome to a child custody case is that the child gets to spend time with both parents. This might not be possible when domestic violence is an issue.
The child’s best interests have to be considered when the court is trying to determine how to handle custody. In the case of domestic violence, the court might consider who the person is accused of attacking. It might also consider the frequency and circumstances of the incident.
In many cases, the court will opt to avoid situations where the child will have to be alone with a violent person. This could mean that the court opts to order the parent accused of domestic violence to have supervised visits instead of visits alone with the child. This would mean that overnight visits with that parent aren’t possible.
On top of the possibility of physical harm, the court must also consider the emotional wellbeing of the child. This is very important, especially with younger children who might not understand what is going on. The divorce process is already difficult for a child who is accustomed to living with both parents, so trying to find a custody schedule that minimize the emotional turmoil is crucial.
If you are facing a child custody battle that involves accusations of domestic violence, learn about the options that you have for trying to get things resolved. The faster the resolution, the faster you can help your child get used to the new way of life.
Source: FindLaw, “How Does Domestic Violence Affect Child Custody?,” Ephrat Livni, Esq., accessed March 03, 2017