The presence of domestic violence or abuse in a home can greatly jeopardize the safety and well-being of a child. For this reason, family law courts will often be quick to act to ensure that the child is removed from any immediate danger, and perpetrators of domestic violence jeopardize their parental rights with their actions.
However, custody doesn’t just go to the other party, who is often the victim of the abuse, by default. Today’s post is an examination of how the presence of domestic violence or abuse places the parental rights of both parents at risk.
Perpetrators of Domestic Violence Often Threaten to Jeopardize Custody Rights
Abusers find many ways to maintain control over their spouse and other loved ones. It’s not uncommon for them to threaten to take the kids away, either by force or via legitimate legal proceedings. They may also try to intimidate their victims by claiming that they’ll make fake allegations to further jeopardize the other party’s parental rights.
Unfortunately, while fake allegations are not enough to place the other person’s custody and parental rights at risk, the simple presence of domestic violence or abuse could lead to factors that, in the eyes of the family law courts, are valid reasons for taking the child away from the perpetrator as well as the victim.
Domestic Violence Threatens Custody and Parental Rights for Everyone
As we’ve discussed, family law courts prioritize keeping a child safe, healthy, and in a welcoming, fostering environment. They will always try to keep a child with one or both parents, but any conditions that endanger or threaten either the child, or the parent’s ability to provide, could compel them to take action.
Victims of domestic violence may sometimes show signs of PTSD, depression, or other forms of emotional or psychological distress. In serious cases, these factors could weigh against the victim’s favor during a dispute. The courts understand that the victim is not to blame for the abuser’s actions. Nonetheless, they need to take anything into account that can affect the health, safety, and stability of a child.
Talk to a Family Law Attorney Today
As you can see, child custody disputes can be messy affairs particularly when there are additional issues or serious problems such as the presence of domestic violence/abuse. Anyone dealing with these or other related matters needs to make time to seek the counsel of a legal professional for their sake, as well as for that of their loved ones.
At R & S Law Group, LLP, our seasoned family law attorneys are standing by to learn more about your case. Call us at (949) 825-5245 to connect with us today, where you take the time to discuss with our skilled CA divorce attorneys.