As you go through child custody proceedings in court, the courts will take allegations of domestic violence extremely seriously.
The court will not just take you at your word that domestic violence occurred. Judges will need to review evidence, and will consider issues such as:
- Whether the alleged domestic violence was directed at or affected the child
- Whether the accused abuser remains a threat to the child or other parent
- Whether there is any pending criminal case against the abused
- The frequency or severity of domestic violence (used as a predictor of possible future violence)
- Physical evidence of harm, such as marks on the body or photographs
- Police reports or other types of evidence documenting alleged abuse
Courts will carefully review all available evidence determining if/how the alleged abuse will affect custody arrangements. They need to be convinced by the available evidence if they are to do anything to restrict the custody or visitation rights of the offending spouse. Remember: it is the general belief of courts that children are better off having a strong relationship with both parents, unless it places them in unsafe circumstances.
Depending on their findings, the court may choose to take any of the following steps:
- Revoke visitation rights (either temporarily or permanently)
- Order supervised visitation
- Order the accused attend anger management or parenting class
- Order the accused to take part in counseling for domestic violence
- Issue restraining orders or protective orders
- Revise an existing visitation order
- Changing existing custody orders
To learn more about the impact of domestic violence on child custody, contact an experienced Minnesota family lawyer at Appelhof, Pfeifer & Hart, P.A.
