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How does domestic violence affect child custody?

On Behalf of | Aug 8, 2022 | Family Law

If there is one thing that can seriously harm a child, it’s being in a home with parents who are violent. Whether you or your spouse has acted out violently or caused a negative atmosphere in the home, it’s the reality that the harmful behaviors can have a lasting impact on your child.

Domestic violence affects the couple that is having arguments and fights, but it also has a significant impact on children. That’s why allegations of domestic violence have to be taken seriously. If you’re accused of domestic violence or accused the other parent of violence, then the right to child custody could be affected.

If you’re accused of domestic violence, can you still get custody of your child?

The court has to look at what’s in the best interests of your child. So, if you’re accused of harming them, the court will consider if it’s really safe to put them in your care. For example, if they were present when you allegedly harmed the other parent, the judge may state that you cannot have custody without supervision or, in some cases, at all.

Sometimes, domestic violence allegations are used to manipulate the court and cause one parent to lose custody when they shouldn’t. If you’re dealing with that kind of situation, it’s valuable to talk to your attorney about protecting yourself against the allegations to proving that you did not commit the actions the other parent is accusing you of.

Can you protect a child against a parent who is violent?

Yes. If you have evidence of violence against you or your child, you can ask the court for protection. Depending on the situation, there is a potential to obtain primary or sole custody and to limit the other parent’s interactions with you or your child without supervision. In some cases, the court may prevent visits completely, though this is rare and reserved for the most serious situations.

If you’re concerned about your child and the risk of domestic violence, tell your attorney. There are steps you can take to protect them. If you’re falsely accused, you need to protect yourself and take steps to bring the false allegations to light.