IMPACT OF DOMESTIC VIOLENCE ON CUSTODY MATTERS
 Domestic
violence in your home may be an important element of your custody case.
When children are eye witnesses to domestic violence, psychologists' reports
and specific medical opinions may be required as verification of the event
and its impact upon them.
Allegations of domestic violence in the home may be severe enough to persuade
the Court to prohibit a non-custodial parent's visitation with his or her minor
children. For instance, if your spouse has an alcohol or drug addiction, we need
to know about his or her Public Intoxication or DUI arrests. If your spouse has
physically abused you, we need to know about any Emergency Protective Orders you
have had to obtain.
People are often embarrassed about allowing physical abuse to go on for
years. Please don't be. This is very common. It will help all concerned if you
tell the truth in this area. Your lawyer can help you get to the people who can
help.
If domestic violence is an issue in your situation or if you have questions
about domestic violence, please visit our web pages that address that situation
specifically.
Other Custody Factors
If you or your spouse have been or are under a doctor's care for physical or
mental health problems, your lawyer must know this in order to present it to the
court in the proper way.
Your lawyer also needs to know the positive information about the roles you
and your spouse take as parents. No one is "all good" or "all bad". It is not
illegal to have an extremely disagreeable temperament, although there are times
we all think it should be.
Finally, there are the children. The court also needs to know all you can
tell it about them. The court must award custody and visitation as measured by
the best interest of the children, not the best interests, fears or wishes of
the parents.
What you and your spouse want to happen with the children is only one of the
many factors the court considers. It is important to try to resolve the custody
of your children by agreement.
More on the subject of Custody & Visitation:
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