If domestic violence is present in a marriage, it plays a significant role in custody and divorce proceedings. Although the violence was suffered by a parent and not a child, the abuser’s actions still create an unsafe environment for the child. Statistics show that those who abuse their spouses are more likely to be abusive towards children, and judges consider this when making custody arrangements.
How Judges Decide Custody
A judge’s custody decisions are always based on the child’s safety and well-being. If a spouse is facing domestic violence charges, it means the authorities believe they committed the offense and are more likely to harm the child. Judges make decisions based on the probability of future offenses which, in turn, is based on a person’s past actions. If a spouse hasn’t provided a healthy, safe home in the past, they’re not likely to do so in the future.
Domestic Violence Charges vs. Convictions
In many jurisdictions, domestic violence charges are enough to prevent an accused spouse from being given unsupervised visits with the children. In other areas, however, custody is only revoked if the person is found guilty. No jurisdiction allows someone convicted of domestic violence to spend time alone with the children, as the risks are too significant.
Differences Between Sole and Joint Custody
In a joint custody arrangement, parents share child-rearing responsibilities. If either parent is not allowed to spend unsupervised time with the child, the other parent has sole custody and can allow visits as they see fit. As the custodial parent is responsible for the child’s welfare, they have the right to prohibit the other parent from seeing the child except where outlined in legal documents. Contact a domestic violence or child custody Attorney in Walker MN for more information or a free consultation.
Domestic violence can have lasting effects on a victim, and children can suffer as well. The crime also has serious effects on child custody and divorce cases, and an Attorney in Walker MN can provide advice on these effects. To learn more about gaining custody after domestic violence has occurred, call or visit our law firm online.
