A history of domestic violence is one of many factors that courts take into consideration when deciding child custody in the wake of a divorce. As one might expect, the domestic abuser is frequently disadvantaged by this factor. They would be highly unlikely to receive sole legal custody (and less likely to get shared custody).
That being said, by no means would is it a guarantee that all custody and access to the child would cut off. The most probable scenario is that they would be permitted to have supervised parenting time.
The primary focus of any custody proceeding is to ensure the best interests of the child. Any other factor, including the well-being of either parent or the perception of fairness, is strictly secondary. A history of domestic violence will be weighed in the context of how such a history might make it more or less likely that a parent with such a history
Keep in mind that custody is decided holistically based on a broad array of factors. A parent seeking to make amends for a history of abuse or to be a better parent to their children could certainly take steps to help their own case. Some helpful steps and factors include, but are not limited to:
- Proof or history of the parent having a capacity to love and nurture the child
- Having the means to provide for the child’s material well-being
- Having a civil relationship with the other parent in spite of any rocky history between them
- Proof that the parent has managed to remain peaceful and law abiding for a significant amount of time.
- Voluntarily participating in some form of mediation or counseling in the wake of a domestic violence incident
- A verbal or written statement from the other parent attesting to your virtues and qualifications as a parent.
As for child support, the story is a little different. Unlike the issue of custody, domestic abuse is not a factor that the judge is required to take into consideration. Issues of child support are intended to ensure the best interest of the child. More specifically, it is intended to share the financial cost of providing for the child’s needs.
As such, it will never be used to compensate the other parent for any of their needs, not as a way to “ensure fairness”. Unless domestic violence has caused injuries to the child or imposed medical expenses on the other parent, it is unlikely to play a factor in determining the amount a parent owes in child support.
A judge in family court has very broad discretion. Even where the law requires the judge to take a history of domestic violence into consideration, they are still free to make just about any decision they please. It is entirely within their purview to grant joint custody if they believe that doing so is in the child’s best interest. For additional information, click here.
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