Instances of domestic violence have an impact on many things, not just child custody determinations. They also impact whether the accused parent will have access to visitation rights.
If there’s one thing that courts take seriously is domestic violence during divorce and child custody cases. It’s only natural that the other parent is concerned that the accused parent could harm the child if the court doesn’t take immediate action.
That’s why courts are harsh when it comes to granting custody or visitation rights to someone who’s accused of abuse. If you’re in this position or want to learn more about how domestic violence affects child custody cases, keep reading.
The Growth of Domestic Violence
Unfortunately, domestic violence has increased massively in the U.S. Often, and it’s the number one reason for one partner to file for divorce or break up. You must get help from professionals, preferably experienced lawyers, who know how to deal with these cases. If children are involved, then there’s another problem – child custody.
In such situations, the judge must determine which parent is worthy of having physical custody of the child: the victim, the abuser, or both. Ultimately, all courts have the ‘’child’s best interests’’ principle, meaning they defer what’s best for the child’s safety and well-being.
Effect on Child Custody
Any evidence of domestic violence, whether recent or not, is considered during child custody determinations. In cases when the accused parent poses a danger to the child or the other parent, the court denies them custody.
So if you’re in the same situation and are a domestic violence victim, you must take control and contact your nearest attorneys. Depending on where you live, you can also reach out to Portland Custody Lawyers, and they’ll help you with all the necessary steps to save you and your children.
What Factors Does the Court Consider?
An important thing to note is that courts don’t just take your word for it when you’re accusing the other parent of domestic violence and claiming custody. Usually, the judge considers:
- Whether the alleged domestic violence was directed or had an effect on the child
- Whether the accused parent still poses harm to the child or the other parent
- The frequency or severity of the domestic violence
- Whether there’s a criminal case against the accused parent
- Any physical evidence of abuse (photos or videos)
- Police reports about incidents of abuse
How Domestic Violence Impacts Custody and Visitation
Instances of domestic violence have an impact on many things, not just child custody determinations. They also impact whether the accused parent will have access to visitation rights. Additionally, the court may choose to:
- Order supervised visitation
- Revoke the accused parent’s visitation rights
- Revise the accused parent’s current visitation order
- Order anger management or parenting classes
- Order the accused parent to go to counseling
- Issue a restraining order
If you’re in the beginning stages of divorce and you’re scared that your ex-partner will become violent, you can find help from trained advocates. Get in touch with Portland Divorce Lawyers, who will assist you on what to do next and how you can proceed with the custody case in the near future.