How Does Domestic Violence Impact Child Custody Cases?

Leaving a partner who is abusive to you or your children can is difficult. An abusive partner uses emotional guilt, blackmail, intimidation, and even threats to you or your children’s lives to throw around their authority. For the spouses who remain with these abusive partners, they are unfortunately continuing the cycle of unhealthy relationships, and put the entire family at risk.

By choosing to take the steps to separate yourself from the abuse, you are not only doing what is right for yourself, but for the best interests of children. That is how many judges make decisions about matters such as child custody and child support. Ultimately, court decisions depend on the circumstances and what would be best for the children.

Maintaining Custody of Your Children

If you are the parent who is fighting to maintain custody, try to keep a record of every incident of abuse that has occurred. You will want to include where it took place, the time it happened, and the date, including an account of any injuries and any other accompanying details. This can be used later during the custody decision-making process.

Additional factors that may be used in your case:

  • If the domestic abuse was directed at the child
  • How much the abuse had an effect on the child
  • If the abuse posed risk or danger to the child’s well-being
  • How often domestic violence occurred
  • The extent of the physical injuries, if any
  • If the abusive parent is currently under investigation for criminal charges

Additionally, the outcome of your case will also determine visitation rights. In some cases, courts might mandate an order of protection or require the parent to participate in counseling for domestic violence.

Get Legal Protection—Contact Us!

As your case gets underway, our Scottsdale child custody attorney urges you to put the safety needs of you and your child first. Leaving an abusive relationship can be incredibly dangerous, so you will want to safeguard yourself, especially against a violent spouse. Keep a store of cash on hand, extra clothes, and find somewhere to stay that would not be immediately obvious to your spouse. You do not want him or her to have the opportunity to find you.

Child custody may be one of the most contentious types of family law matters. The problems become magnified when domestic violence has wound its way into your family. As always, you have the right to seek protection in every way possible, especially under the law. Davis Faas Blase, PLLC is here to help keep you safe and assist you in your mission to create a better future for you and family.