Instances of domestic violence, either directed at a parent or at a child, can have a major impact on child custody determinations. The court will attempt to create a custody plan that is in a child’s best interests and the court will never knowingly place a child in a dangerous environment.

At the Law Offices of Linda J. Claypool in Riverside, our attorney can help resolve difficult child custody issues. Whether you have been the victim of domestic abuse or have been accused of domestic violence, we can help you explore your options.

How Will The Court Handle Cases Of Domestic Abuse?

When reaching a custody determination, the court will factor in cases of domestic violence if there has been a finding of domestic violence. Realize that domestic violence does not need to rise to the level of actual physical harm. Threats, harassment, damaging property, and restricting your ability to come and go can all be considered domestic violence. Because the conduct that is enough for the court to issue restraining orders is more than just physical, it is important to seek the advice of a qualified attorney who can help you determine if restraining orders would be appropriate.

It is unlikely that a court would grant full custody to a parent who is abusive. However, the court does recognize that a child benefits from having a relationship with both parents, and a parent may still be granted visitation or parenting time privileges, which may be supervised.

Past incidents of domestic abuse will not necessarily mean that a parent will never gain custody of his or her children. The court will view the situation as a whole to determine what is in the child’s best interests, even if that means placing the child with the parent accused of abuse.

Contact Our Lawyer To Learn More

We provide comprehensive family law representation to people throughout Southern California.