Domestic violence is a prevalent issue that affects many families across the United States. It can have significant impacts on child custody arrangements when couples separate or divorce. Domestic violence is defined as physical, emotional, or sexual abuse by one partner against the other. The violence can affect the parent-child relationship, leading to challenges in making custody decisions that prioritize the best interests of the child. At HAWM Law, we can help you navigate these situations during a custody battle.

What Does a Court Consider When Determining Child Custody Where Domestic Violence is Involved?

Domestic violence can have various impacts on child custody arrangements. In some cases, the court may restrict or even terminate parental rights for the parent who was abusive. The court will consider various factors before making a decision on custody arrangements, including the severity of the abuse, the frequency, and the age of the child. If the abusive parent poses a significant threat to the child’s safety, the court may award full custody to the other parent or even place the child in protective custody.

In other cases, the court may allow both parents to have custody but impose certain restrictions on the abusive parent’s visitation rights. These restrictions may include supervised visitation, where the parent is allowed to spend time with the child only under the supervision of a court-approved monitor. The court may also require the abusive parent to undergo counseling or anger management classes before allowing visitation rights.