 |
You are here: Families & Children > Custody & Visitation > What happens when there is or has been domestic violence?
Click on a topic below:
My Child's Other Parent Has Been Abusive to Me and/or Our Children. What Kind of Parenting Plan Will Help Us Stay Safe?
If a parent has a history of causing domestic violence, can that parent get custody?
Should I talk to a lawyer if there has been a history of domestic violence?
My Child's Other Parent Has Been Abusive to Me and/or Our Children. What Kind of Parenting Plan Will Help Us Stay Safe?
You may want to talk with a lawyer to find out the best legal way for you to proceed. Click here to find more help.
You might also talk to your mediator about parenting plans that include:
To learn more about child custody mediation when your child's other parent has been abusive, click here.
For more ideas on how to stay safe, visit the domestic violence safety planning section of the Self-Help Center.
In an abusive situation, it may help to have a restraining order. Click here to learn how a restraining order can help you.
[ Top of Page ]
If a parent has a history of causing domestic violence, can that parent get custody?
When a parent commits domestic violence against the other parent or the children in the last 5 years, the court will not give that parent joint or sole custody of the children unless the court finds that giving joint or sole custody to the parent who was abusive would not hurt the best interest of the children.
The factors that the court considers to make this decision are whether the parent who was abusive:
- proves that giving joint or sole custody of the children to him or her is in the best interest of the children,
- successfully completed a batterer's intervention program
 ,
- successfully completed substance abuse counseling if the court ordered it,
- successfully completed a parenting class if the court ordered it,
- is on probation or parole and has complied with the terms of probation or parole,
- has a restraining order against him or her and has followed the orders, and
- has committed any further domestic violence.
Click here to read about child custody in cases of domestic violence.
[ Top of Page ]
Should I talk to a lawyer if there has been a history of domestic violence?
You should talk to a lawyer about how the law will affect your rights to custody and visitation of your children, whether you are the victim of the domestic violence or the one who committed the abuse. Understanding what the law says and how it applies to your situation can be confusing and there are important rights at stake.
Click here for help finding a lawyer.
[ Top of Page ]
<< back
Last modified: 03/17/2008
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
|
