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Domestic violence allegations during custody dispute

On Behalf of | Aug 10, 2016 | Child Custody |

Domestic violence allegations can seriously raise the stakes in a divorce proceeding. If your partner receives a protective order (restraining order) that will further complicate your ability to negotiate informally with your ex-spouse and for you to visit your children. Protective orders prevent you from coming within a certain number of feet from someone. The restrictions are usually waived in places like courthouses, but you may want to speak to a lawyer for the specifics.

Every state uses the same generic standard when determining child custody, “best interests of the child.” Each state will express that rule in a different way. Some states require judges to consider the presence of domestic violence allegations while others do not mention domestic violence at all.

Regardless, however, just because the law does not explicitly name domestic violence as a factor, the judge can take anything into consideration. The only thing that binds the judge is to assess the situation as it relates to the best interests of the child. That means the judge will consider every piece of evidence and argument that posits a particular child’s emotional, physical, spiritual or intellectual health is better served in a certain way.

If you are going through a divorce and children are involved then you may want to speak to an attorney. Divorces are significantly more complicated when children are involved. Child custody disputes introduce an additional layer of evidence and arguments that are not easily addressed during the divorce proceedings. A lawyer can ensure that you present a strong case for both and divorce and reasonable parenting time.