How Domestic Violence Affects Your Custody Case?

Domestic violence clearly impacts custody cases and hampers not only the decisions of the court but also family relationships. If one of the parents is an abuser in a relationship, then it is a serious problem for the safety of the children. The court decides what will be in the children's best interest. 

If there is proof regarding the abusive parent, then it can change the perspective of the judge. Judges usually prioritize the child's safety, which might lead to supervised visits, reduced parenting time, or even losing custody. The emotional and mental effects of domestic violence can be a problem in the child’s growth and life. 

Domestic violence consists of emotional, physical, mental, and psychological abuse which is between partners. It can be of various types such as threats, manipulating emotionally, everyday mental torture, financial control, and physical assaults. The result of domestic violence can have a harmful effect on your child. They can be in serious trauma which can disturb them emotionally in the long run. 

What is the Impact of Domestic Violence on Custody Cases?

You need to understand how the court addresses allegations of domestic violence cases and how it can change the direction of your case from positive to negative. 

Signs of abuse

If clear evidence of domestic violence is present, then it can greatly affect the court’s decision. Evidence of domestic violence can include police reports, medical records, or witness statements. The court will consider the evidence present in front of it, and give its decision accordingly. It can restrict visitation or custody rights. 

Visitation rights 

If a parent is viewed as a danger to the child because of domestic violence, then the court has the right to restrict their visitation rights. They might be given a supervised visit, where a third person will watch the abusive parent spending time with the child. This will keep the child safe from the parent and still allow some contact to maintain the parental relationship. 

Loss of custody 

In some problematic cases, after looking at some evidence, a court has the right to decide that a parent's abusive behavior makes them unfit to have custody. They will consider things like how bad the violence was, how it affected the child, and any current risks to the child's safety. If the court finds that the abusive parent is not at all a good fit, they might give full custody to the non-abusive parent. This can lead to taking away all the legal rights of the abusive parent. 

Parental alienation 

There are some instances where an abusive parent might try to turn the child against the other parent which can create a harmful and stressful situation. Courts are careful about this kind of behavior and may look into claims of parental alienation. Keeping a record of these instances can help the victim show the court that the child's relationship with the non-abusive parent is being hampered. 

Impact on child’s mental health 

Children who get to see domestic abuse and custody issues often deal with emotional and mental health issues. This can include problems like anxiety or depression. The judges understand these harmful effects that can happen to a child. The court, when deciding custody considers all these factors. They plan to keep the child with a non-abusive parent so that the child is mentally well. This will create a healthy environment for the child. Courts may also restrict the non-abusive parent to meet their child in some cases. 

Final Thought 

Domestic violence can greatly impact custody cases including restriction on visitation rights and legal custody rights. Courts always ensure that the child is safe and is well protected by the parent. 

Mensik Law Group is a family law attorney in San Diego. We are known for our strong advocacy skills and our team understands the emotional and financial difficulties families go through during legal matters. We will make sure that your voice is heard and are satisfied at the end. 

If you are looking for a child custody lawyer in San Diego or a child support attorney in San Diego, then we can be the perfect call for you. 

Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to learn more about child custody and child support.