Nearly 20 people are oppressed by their spouse every minute around the world. When children are involved, child’s custody and parenting time may be affected. When making decisions that impact children’s lives and where they live, here is how a court will evaluate claims or convictions of domestic abuse.
Domestic Violence Affects the Best Interests Criteria of the Child’s Custody
Courts apply the best interests of the child criteria when determining parenting time. In some instances, the court will take extreme measures to save children from harm. Despite the common belief that both parents should spend time with their children, the court will deviate from this rule if one parent poses a danger to the kids. When there is a history of domestic violence, the court has the power to limit access.
The court’s priority is to protect the children, and it must put the children in the safest possible environment. Having a parent with a history of violence raises the possibility that he or she may do the same to the kids. Even if the offenders do not physically harm the children, domestic violence may prevent them from receiving parenting time.
Things Considered in Domestic Violence and Child’s Custody
To begin, a family law attorney could clarify that domestic violence is defined quite broadly in New Jersey. Actual physical violence is only one manifestation. Other actions that come under the category of domestic violence include the following:
- Verbal abuse
- Threats
- Stalking
- Financial control
- Harassment
If one spouse makes threats of violence against the other, this constitutes domestic abuse. Victims of domestic abuse should, of course, seek a restraining order. Alternatively, they could use it to support a child’s custody case.
Domestic Violence Will Also Affect Parenting Time
Domestic violence can influence more than just physical custody. Child’s custody does not just refer to the location of the children; it establishes if the children are permitted to spend time with a parent as well as how much parenting time is permitted. Domestic violence affects both of these assessments. Domestic violence is a severe crime, and judges have no reason to treat it any differently.
Domestic Violence Does Not Always Mean Total Loss of Parenting Time
Even if the court finds evidence of domestic violence, this does not automatically entail a reduction in parental rights or time sharing obligations. The nature of the abuse will be scrutinized by the court and questions will be asked about the actual acts and frequency. Abusers who pose a significant threat to both parents and children will be evaluated by a judge based on their current level of risk.
However, a person may still be allowed to see their children under certain conditions. A court-appointed supervisor may be present for some or all of the visit. Even in cases of domestic violence, the court may want to preserve the possibility of a future relationship between the child and his or her mother or father.
The judge in a child’s custody case may order the parents to attend classes on how to deal with anger or be a good parent. If you find yourself in this situation, you must follow the judge’s instructions to the letter. At some point, you and your family law attorney could demonstrate to the court that you have followed these orders exactly.
Get Help From a Family Lawyer
Whichever position you find yourself in, you may wish to contact a family law attorney at Goldman & Associates Law Firm by contacting (248) 590-6600 or scheduling an appointment through our online form. We are here to address any concerns you may have about domestic violence and your custody status. We have offices located in Troy, Sterling Heights, Bloomfield, Southfield, Novo, Detroit, Livonia, and Grand Rapids. You must act quickly and consult with a family law attorney to safeguard your children and legal rights.