Under state law, domestic violence charges should be considered by the court before making any decisions regarding child custody. Thus, those who have been charged with domestic violence may be denied custody rights altogether or granted limited, supervised visitation with their children. The circumstances within a divorce for child custody may be different as well.
Contact Tad Nelson & Associates in League City, Texas, today to schedule a consultation with an attorney to learn how domestic violence charges may affect the outcome of your child custody proceedings.
The best interests of the child standard
The guiding principle used by courts in child custody cases is the best interests of the child. The court will perform an analysis of several factors to determine in each custody case what will be the best custody outcome for the child. Some of these factors include:
- Each parent’s wishes
- The child’s wishes
- Interaction and interrelationships between the child and each parent and any other siblings or family members
- The child’s adjustment to the home, school and community
- The mental and physical health of the child and parents
Domestic violence as a factor in child custody proceedings
Every state requires courts to consider domestic violence allegations or charges prior to making custody determinations. Many states have adopted the language of the Model Code on Domestic and Family Violence, which creates a presumption that it is not in the best interests of the child to grant sole or joint custody to the parent charged with domestic violence.
This presumption may be rebutted under certain circumstances, such as cases where the abuser successfully completed a batterer’s treatment program, an alcohol or drug abuse counseling program or a parenting class. Also, a court will consider the number of incidents of domestic violence and the proximity of the incidents to the custody proceedings.
Generally, courts favor custody arrangements which allow children to maintain healthy relationships with both parents. However, in cases were domestic violence occurred or has been alleged, the court may determine it is in the child’s best interests to have no or very limited time with the abusive parent.
Speak to a domestic violence lawyer
A domestic violence allegation, arrest or conviction can complicate child custody issues.
Contact an experienced attorney at Tad Nelson & Associates in League City, Texas, today to schedule a consultation with an attorney to learn more about your options for maintaining a relationship with your child.
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