How domestic violence factors in with determining child custody

| May 11, 2021 | Child Custody |

In Colorado child custody cases, the primary factor is the best interests of the child. That includes being in a safe and nurturing environment. If there are allegations of domestic violence, this will be a key part of the court’s decision. It is imperative to understand this and to be fully prepared.

Domestic violence and its possible impact on child custody

Since safety is a primary aspect of child custody, the court will view domestic violence as a crucial concern. It will gauge the records, their severity, when they occurred and if there is risk of a recurrence. If the child was a victim, it will be a fundamental factor in the custody decision. In some cases, the court may be agreeable to looking beyond past problems if they have abated and the child will be safe.

The court will weigh if there are criminal cases pending against a parent who was said to be a domestic abuser. Police records will be scrutinized. Once the situation is understood, the court might revoke an abusive parent’s rights to see the child. There could be supervised visitation, the parent may need to take classes to improve his or her behavior, overnight visits could be prohibited, and restraining orders could be put in effect severely limiting child custody.

Experienced representation can help with domestic violence and child custody

Parents in the middle of a child custody case with domestic violence incidents should be cognizant of their rights. Even the parent who was accused can have his or her voice heard. There are viable solutions to these problems, but it is essential to be properly advised. Consulting with experienced family law attorneys may help with child custody cases, especially when there are sensitive issues like a risk of abuse.