Domestic violence and abuse can be in any form. It can be in the shape of mental, physical or emotional torture.
It can also be economic abuse, where one partner tends to take control of all finances. In any case, domestic abuse leaves significant scars on the victims and it can also affect court decisions when it finally comes down to child custody.
With over 1 in 15 children exposed to domestic violence at the hands of one parent in the U.S., custody and violence at home are clearly interrelated.
Our domestic violence attorneys at Robinson Kardon attempt to help you understand the connection between domestic violence and child custody in this blog post:
Types Of Custodies
Child custody can either be sole or shared. The two types of custodies are, physical and legal. Physical custody determines which parent the child will live with and who would provide basic care. On the other hand, legal custody refers to the primary parent’s right to make important life decisions for the child like where he/she should undergo medical treatment or where should he/she go to school.
California Legislature’s Public Policy
The California legislature’s policy is to make sure the child’s welfare and safety is considered at all times. According to this legislature, it can be harmful for the child if the family is subject to domestic violence. In addition to this, all court orders need to be complied by so as to ensure the child’s safety.
Since 90% of children are witnesses to domestic violence and it can prove detrimental to their emotional and physical wellbeing, custody law in California considers domestic abuse as one of the most important factors when deciding physical or legal custody of the child.
When the court considers accusations of violence in child custody, any evidence like reports from the local law enforcement agencies, child protective service, medical, and social welfare records might also be considered.
Effect On Visitations
Unless it would not be, in any way, bad for the child, courts are required to give visitation rights to parents. In no way is it good for a child to be subjected to the harsh consequences of domestic violence. Therefore, the judge might order supervised visitation or ban overnight visits to protect the child.
In case abuse is beyond extreme, the parent’s rights might be terminated entirely. The state might open a completely new case which might lead to the loss of rights for the parent entirely. Remember, while parents hardly ever lose rights of their child, when they do, they can be never regained.
If you are looking for a domestic violence attorney in Torrance, CA, who can also help you with child custody matters, get in touch with us today.