Thu. Apr 25th, 2024

Domestic violence can have a profound impact on child custody decisions. The more serious the abuse, the more likely a judge will be to award primary physical and legal custody of a child to the non-abusive parent. In some cases, however, a court may limit visitation time with a violent parent to ensure that the child’s safety is not compromised.

Many states have laws that allow a judge to make a presumption that it is not in a child’s best interest to have joint physical or legal custody with a perpetrator of domestic violence. Despite these legislative provisions, courts still consider allegations of domestic violence when making custody and visitation decisions. It is important for a family law attorney to be familiar with how domestic violence affects these types of cases.

Child Custody & Domestic Violence: Ensuring Safety in Family Law Proceeding

In recent years, courts in New York and across the country have moved to a more balanced approach when it comes to awarding custody. This has been positive for fathers’ rights and has allowed many children to have a continued relationship with their biological parents.

The shift in emphasis, however, has created a challenge for mothers who allege domestic violence in their custody disputes. Fathers’ rights groups have alleged that the majority of abuse allegations are false and that women make these claims as a way to alienate their children from their fathers or improve their financial situation during divorce proceedings. While some domestic violence claims are true, it is also important to keep in mind that a significant percentage of abusive relationships end up in marriages and are not related to a divorce or separation.

When a domestic violence claim is made, it will typically have the greatest impact on custody decisions if it involves physical or sexual abuse of the mother. Even if the perpetrator of domestic violence did not physically or sexually abuse your child, the court will be highly reluctant to award him or her custody and will likely only permit limited visiting time if at all.

If you are a victim of domestic violence, contact a Dade County family attorneys to discuss your case. An experienced lawyer can help you file an emergency protective order and ensure your safety. They can also advise you about how to go forward with your custody case.

Domestic Violence and Child Custody: What We Know Using Extant Research and Commentary

The prevailing wisdom is that domestic violence must be considered in any child custody case. This is because a judicial assessment of the “child’s best interests” must take into account any evidence that the child could be harmed by the perpetrator. This is why judges often require that any domestic violence be substantiated to a high degree, such as by a preponderance of the evidence, prior to a decision being made. Nevertheless, there is little knowledge of how well the reliance on “expert” family assessments are doing in practice.

By admin