In custody cases, judges are required to make a decision based on what is in the best interests of the child. Typically, the judge will consider a range of factors, including each parent’s relationship with the child, each parent’s ability to provide for the child’s physical and emotional needs, and any history of domestic violence. When a judge hears allegations of domestic violence, they may restrict that parent’s access to the child or even deny them custody. This is because it cannot be in the best interests of the child to have an abusive parent in their life, especially if that person has used violence against another family member or a sibling of the child.
Often, a father who is accused of domestic violence will attempt to maintain contact with the children. However, this can be dangerous for the children and their mother. In these situations, a woman who is concerned for her safety and the safety of the child should be sure to bring any relevant evidence to the court’s attention, such as any police reports or sworn testimony regarding domestic violence between family members. She should also be certain that her lawyer presents this evidence without delay to the judge.
The reality is that many domestic violence cases go unreported and are not addressed by courts. According to research from the National Coalition Against Domestic Violence, in some states, over half of all domestic violence-related cases involve men who have been abusive to their ex-partners or their children. The study found that over a third of the cases involved documentation of IPV with or without child abuse by male ex-partners, and over one-third of the cases included state actors (custody evaluators, social workers, and child protective service workers) who granted or recommended unsupervised visitation to these men.
These findings are troubling. The researchers recommend that courts, allied professionals, and communities should adopt a set of 16 guiding principles to ensure that child custody decision-making processes and services effectively address domestic violence by accounting for the nature and context of abuse and its implications for children and parents. The report includes examples from a handful of sites that have been using these guiding principles and strategies in day-to-day operations to achieve success.
Regardless of the state in which you live, it is important to discuss your concerns with your attorney about the possibility of abuse by your former partner or other family members. An experienced lawyer can help protect you and your children from harm and assist you in making the best decisions for the future of your child or children. Contact us today for a consultation. Our firm is located in Miami and serves clients throughout Florida and the United States. During your consultation, we will review the details of your case and help you understand your legal options for protecting yourself and your children. To schedule an appointment visit https://www.themiamidivorceattorneys.net/.