What Are the Implications of a Domestic Violence Charge on Child Custody and Visitation?

What Are the Implications of a Domestic Violence Charge on Child Custody and Visitation? A domestic violence charge can significantly impact child custody and visitation decisions. Family courts prioritize the child’s safety and well-being, so any history of domestic violence is taken seriously. If you are facing these charges, you need the help of an experienced domestic violence defense attorney right now.

Call Combs Waterkotte as soon as possible at (314) 900-HELP or contact us online for a free, confidential consultation where you can discuss the particulars of your case with one of our expert criminal defense attorneys.

While child custody and visitation decisions are handled by family courts, the implications of a domestic violence charge on them include:

Loss of Decision-Making Rights: If you have been charged with domestic violence, you could lose the ability to make key decisions about the child’s life, like healthcare, education, and religion.
Supervised Visitation: In cases where some form of contact is deemed appropriate, the court may order supervised visitation to ensure the child’s safety during interactions with you.
Changes to Current Visitation: If you already have visitation rights, they can be revoked or altered.
Mandatory Counseling or Anger Management Programs: The court may require you to complete counseling, anger management, or other rehabilitation programs before they are granted visitation rights or custody.
Reduced or Denied Custody: This is a worse case scenario. If the court believes you pose a risk to the child or the other parent, custody rights may be denied or severely limited.

Ultimately, the severity and nature of the alleged domestic violence, evidence presented, and the court’s assessment of the child’s best interests determine how custody and visitation are affected. You need the expertise of a Combs Waterkotte domestic violence defense attorney by your side, protecting your rights and future.

The actual charge of domestic violence is not the only factor in determining child custody. A judge won’t simply take the alleged victim’s word on abuse. The alleged victim can’t walk in front of a judge, claim they’re a victim of domestic violence, and automatically be granted custody of the child.

Courts consider various aspects when deciding whether domestic violence should prevent you from gaining custody. Key factors include:

Impact on Child: Were the alleged abusive actions directed toward or witnessed by the child? If witnessing the domestic violence caused trauma, this can heavily influence the court’s decision.
Risk to the Other Parent or Child: If you are considered to pose a danger to the other parent or child, the court is unlikely to grant you custody.
Frequency and Severity of Abuse: Regular or severe abuse, particularly resulting in serious injury, greatly reduces your chances of obtaining custody.
Supporting Evidence: Photographs, police reports, or other evidence of abuse can strengthen the alleged victim’s case. If criminal charges are pending, the court may delay custody decisions until the case concludes.