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Can domestic violence affect child custody?

On Behalf of | Feb 26, 2020 | Firm News |

In a divorce, a custody battle provides extra strain onto an already strained situation.  For most couples, the negative emotions can be overwhelming, but you must come together for the sake of your children. In a case where one spouse has accusations of domestic violence, however, the child custody case can become more complex. Domestic violence does impact child custody.

According to the California Legislative Information, it is not in the best interests of a child when for someone accused of domestic abuse to have custody of a child. Now, for those accused of domestic violence, there are ways to overcome the presumption. Some ways that you can overcome the impact of an abuse charge on your child custody case is to perform the following tasks:

  • Complete a batterer’s treatment program
  • Complete a parenting class
  • Complete an alcohol or drug abuse counseling session

Factors that could harm your child custody case include:

  • Unfinished parole or probation
  • Protective or restraining order
  • Further acts of domestic violence

Domestic violence occurs when a person recklessly or intentionally causes bodily injury to another person, harassed another person or caused said person to fear imminent harm. Most often, in domestic violence cases, this is between two people in a partnership.

Child custody cases may become domestic violence cases if there is evidence of domestic violence. When this occurs, you could lose your custody rights to your children. In some cases, however, you may receive visitation. The burden is on the parent who committed domestic violence, rather than the person who accuses. You have to prove that you deserve custody.