LEGAL GUIDANCE THE WAY YOU WANT IT
Allegations of abuse threaten your relationship with your child
In a child custody case, you always want to put your best foot forward. If you have allegations of abuse against you, it could hurt your chance of becoming the primary custodian of your child or being able to have unsupervised visitation.
The courts do take allegations of abuse extremely seriously, because they don’t want to see children get hurt when they don’t have to. The courts worry that if they aren’t firm, the children could end up paying the price. As a result, allegations, even if unfounded, can seriously impact your case.
How often does domestic violence affect child custody cases?
Three million or more children witness domestic violence every year. Violence is often a reason for a divorce, and when children are involved, they may witness or be victims of abuse.
How does a court address domestic abuse allegations?
If violence is a possibility in the home, the court has to determine which parent should have physical custody of the child. The court considers the best interests of the child, which, in a possible case of violence, means determining how to keep the child safe. The person who accused the other of abuse may be the primary custodian initially until the allegations go to court.
If a parent has been convicted of domestic violence, the court has the ability to deny custody to the parent. The court has the ability to do this even in cases of domestic violence allegations, which is why those who are accused of domestic violence need strong representation. If the case is proven against them, they could lose their right to see their children temporarily or permanently, depending on the situation’s outcome.
Domestic violence has no place in a home, and the courts take it seriously. Fight back if you’re accused, and know your rights if you’ve been a victim.