In short, anything that affects the child’s well-being is considered by the court. That includes the location of a parent’s home, for example, if it is near a chemical plant, which does not take safety seriously, or if a particular parent is defending against a domestic violence charge. This post will go over how a domestic violence allegation may impact your legal strategy and how you might be able to address it.
How does a domestic violence allegation affect child custody?
In short, anything that affects the child’s well-being is considered by the court. That includes the location of a parent’s home, for example, if it is near a chemical plant, which does not take safety seriously, or if a particular parent is defending against a domestic violence charge. This post will go over how a domestic violence allegation may impact your legal strategy and how you might be able to address it.
When allocating parenting time, the court considers every piece of evidence and argument under the standard what is in the “best interests of the child.” How each state and court explores this standard will vary. Some states impose specific factors that the judge must consider. Other states have vague generalizations.
But in every situation, the judge may use his judgment to determine the impact of a domestic violence allegation. The effect will largely depend on the circumstances of the charge. The more compelling the facts, the more likely the judge will limit the accused parents’ custodial time with the children. Regardless you can expect that the judge will consider the presence of a domestic violence charge when determining parenting time or modify an agreement.
If you are in a child custody dispute, then you should consult a lawyer at your earliest convenience. Child custody disputes are notoriously complicated because the court can consider a nearly limitless amount of evidence before she renders her decision. Which occurs because the court is driven by what is in the best interests of the child therefore anything that should be considered, is considered. A lawyer can help you prepare your strategy, gather evidence and prepare you for the process which can be drawn out and exhausting. You don’t need to contest custody yourself; you can get help.
