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How domestic violence affects child custody cases

On Behalf of | Mar 24, 2021 | Child Custody |

The state of California takes into account any domestic violence charges when determining child custody cases. Since courts are always looking out for the best interest of the child, they may not grant custody or visitation to a parent who has been convicted of domestic violence. If you’re currently facing a domestic violence charge, you should be aware of how that charge is going to affect the custody of your children.

Start with understanding their concern

While being accused of domestic violence can be frustrating, you need to understand the viewpoint of a judge determining your child custody battle. The judge’s job is to look out for the best interest of your child. With up to 15.5 million children witnessing domestic violence every year, it’s no surprise that a judge will take the domestic violence charges seriously.

In cases where domestic violence has happened, it’s a reasonable worry that the parent may be violent toward the child. While the judge doesn’t just take one parent’s word regarding domestic violence, it’s an important part of their duty to ensure that the child is being placed in a safe home. Therefore, it’s vital that you stay calm throughout the child custody process, even if the charges of domestic violence are false.

Factors taken into consideration

When a judge is dealing with a child custody case where one parent is accused of domestic violence, they take multiple factors into consideration when determining custody. These include things like how frequently the incidents occur, the severity of the violence, if there is a pending criminal case, any evidence supporting the domestic violence claims and any police documentation regarding the violence.

Being accused of domestic violence can be a life-changing situation. When you’re going through a child custody battle, false accusations can be made against former spouses to throw a low blow. It’s a good idea to consult an attorney to help with your domestic violence charges as you’ll want to avoid having these charges on your record.