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How domestic violence may affect a child custody case

On Behalf of | Apr 25, 2017 | Domestic Violence

When a Kentucky parent leaves a relationship amid allegations of domestic violence, that parent might wonder how the allegations will affect child custody. A parent will not automatically lose access to a child because of allegations of domestic violence. A court will take a number of factors into account, including looking at evidence to support the allegations, such as photographs and police reports.

The court will also consider the severity of the violence, its effect on the child, and how often the violence occurred. If the court determines that the child or their parent is unsafe, the other parent may not be granted custody. However, this still does not mean the parent will necessarily lose all access to the child. The parent might be allowed supervised visitation. This parent could be required to attend domestic violence counseling, parenting classes or anger management classes. Visitation might also be revoked either temporarily or over the long term, and a parent may have a protective order filed against them.

Around 3 million children are exposed to domestic violence annually. The court’s standard in a custody case is the best interests of the child, and the court will weigh the child’s safety along with the importance of maintaining a relationship with both parents.

A parent who is concerned about a child custody battle in the midst of domestic violence allegations may want to speak to an attorney about their concerns. A parent might be worried about their child’s safety, or a parent may have been falsely accused of domestic violence and is concerned about being denied access to their child. The attorney may be able to advise the best strategy. For example, parents may be able to provide documentation or even bring in witnesses who can support their side.