(150+)When family law judges make custody decisions, they must take into account a number of factors. One potential factor is the presence of domestic violence in the child’s household. Allegations of domestic violence are serious, and they will impact child custody regardless of which side of the case you are on. Retaining an experienced attorney is the best way to protect your legal rights when issues of domestic violence and child custody arise. Count on Greenville, SC family lawyer Angela Frazier.
Understanding Domestic Violence in Custody Cases
Domestic violence occurs whenever an individual harms or threatens to harm someone in their household. A household member includes present and former spouses, relatives who live together or have lived together, and relatives by blood or marriage.
Judges take allegations of domestic violence seriously because they can directly or indirectly harm the child. Even if the violence or threats of violence are committed against someone other than the child, this behavior places the child in imminent danger. Many abusers, for instance, do not limit their abuse to their spouses; they often inflict harm upon the children as well. And because domestic violence is usually an ongoing occurrence, judges will take steps to ensure the child is protected by limiting the rights and privileges of the abusive parent.
Evaluating Evidence of Domestic Violence
Many claims of domestic violence amount to one parent’s word against the other’s. There are several possible explanations for this. In situations in which there is domestic violence, it is difficult for the victim to capture direct evidence (e.g. a video recording) or they may fail to do so out of fear for their safety.
On the other hand, there are also cases in which false domestic violence allegations are made solely for the purpose of attempting to gain an advantage in custody proceedings. Although the parent who makes these false claims can face serious legal repercussions, it is not uncommon for untrue allegations to be leveled between parents in custody cases.
The judge will need to weigh the evidence to determine not only whether the claims of domestic violence are credible but also what impact they should have on custody. Examples of evidence include:
- Parental testimony: The parents themselves can testify, alleging or denying claims of domestic violence. Cross-examination and other evidence can be used to bolster or weaken this testimony.
- Eyewitness testimony: Other individuals may have either observed instances of domestic violence or observed behavior that could contradict a parent’s claim of it. Their court testimony will be considered evidence.
- Photo and video evidence: Photo and video recordings of domestic violence are some of the strongest proofs and can be used to support a parent’s claim. It may also be used to refute allegations of violence.
Impact on Parental Rights and Responsibilities
A common question asked by parents is, “Does domestic violence affect child custody?” The answer is yes. If a judge decides that there is credible evidence that domestic violence has taken place, it could have a substantial impact on a parent’s rights and responsibilities. These are some potential outcomes:
Supervised visitation
The judge may order that all visitation time between the abusive parent and the child must occur under the supervision of an authorized adult (which may be the other parent) or an agency.
Restrictions may be attached to the visitation, such as a prohibition on the use of any drugs or alcohol in the day leading up to the visitation. Supervised visitation is often a temporary measure that can be modified if the abusive parent can show that unsupervised visitation is in the child’s best interests.
No visitation
In extreme circumstances, the judge may decide that the abusive parent will have no contact with the child. Sole custody would then be awarded to the other parent. This is a drastic measure, but it is available if the judge believes there is ongoing or systematic domestic violence or if the violence has directly been committed against the child. Changes in circumstances could result in a modification of this arrangement.
Termination of parental rights
This is another outlier situation which is usually only considered if the abuse is especially egregious. Terminating a parent’s rights is not something the court will do hastily because it is a permanent solution to the problem of domestic violence. But the court may decide it is best for the child if there is proof of sexual abuse, felony assault causing bodily injury to the other parent or the child, or attempted murder of the other parent or child. Before choosing this route, the court will need to see strong evidence and decide that this option is in the child’s best interests.
Best Interests of the Child
As mentioned above, the court has to do what is in the child’s best interests. This standard applies to all custody matters, including those in which domestic violence is alleged. It would therefore not be a compelling argument for a parent to state simply whatever their custody or visitation preference might be. When claims of violence are made, and evidence of it is presented, a parent should argue that a specific outcome like the ones listed above are best for the health, safety, and overall welfare of the child.
Legal and Emotional Support for Victims
Issues of custody and domestic violence are some of the most emotionally complex in family law. If you or your child have been a victim of domestic violence, we understand how difficult it is for you to step forward. Abusers thrive on their ability to effectively silence their victims.
At the same time, we know you want to do what is best for your and your child’s safety. We therefore encourage you to call our office and speak confidentially with our team so we can put you in touch with community resources that can help you during this difficult time. We can also explore your legal options which may include those listed above as well as domestic violence protection and restraining orders.
Contact an Experienced Custody Lawyer Today
Our firm represents parents on both sides of cases that involve domestic violence and child custody. Whether you’ve been accused of it or you are claiming it against the other parent, we are here to serve you and advocate for what’s in your child’s best interests. Call Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC to get started today.
