How Does Domestic Abuse Affect Child Custody cases?

 

Domestic violence is a serious issue that affects millions of families in the United States. In most courts around the country, judges are required to make custody decisions that are based on the best interests of the child. So how does domestic violence affect custody issues? Each case is different and there is no easy answer to such complex matters. Whether you have been a victim of domestic violence or have been accused of it, seeking the counsel of top child custody lawyers is vital to protecting your rights and your children’s best interests.

Domestic Violence and Divorce

Domestic abuse is often a catalyst for a spouse to file for divorce or to leave a relationship. When children are involved and issues of custody arise, things can get ugly. Divorces involving abusive relationships are often contentious and require court intervention. In these cases, the court will determine who will be granted physical and legal custody, which may include either parent or even a grandparent or other guardian. As always, courts evaluate evidence and make decisions based on what is best for the children’s safety and overall well-being.

The Impact of Domestic Abuse on Custody

Whether allegations of domestic abuse are recent or long past, the court may consider all of them. Generally, courts tend to err on the side of caution when granting custody or visitation in cases involving domestic violence. If a judge determines that a parent is a danger to the child or the other parent, custody and visitation may be denied or strictly limited.

Factors Considered By the Court

Although a judge will hear a parent’s allegations of domestic violence, evidence such as a Protection From Abuse Order (PFA), police report, witness statements and other documentation may be required in a custody hearing. It is well worth finding an affordable divorce attorney who knows which type of relevant evidence may help your case.

Typically, courts will consider:

- Whether alleged occurrences of domestic violence had an impact on, or were directed at, the child

- Whether the accused abuser still poses a danger to the other parent or child

- The frequency and severity of the abuse

- Any pending criminal charges against the alleged abuser

- Physical evidence of abuse, including current injuries or photographs

- Any relevant police reports

Custody and Visitation

After the court has considered all the evidence, the judge will make a determination about custody and visitation arrangements. If one parent poses a danger to the child or the other parent, the accused abuser may not be granted visitation at all. A judge may decide to:

- Order supervised visitation

- Revise an existing visitation order, such as revoking overnight visits or requiring supervised visitation

- Order anger management, parenting classes, or domestic violence counseling

- Issue a Protection from Abuse Order (PFA)

- Although it is rare, if both parents are abusive, the court may place the child in foster care or a relative’s care

If you are dealing with domestic abuse and child custody issues, contact a child custody lawyer in Pennsylvania to learn more.

If you or someone you love is a victim of domestic violence, contact the Domestic Violence Center of Chester County at 888-711-6270 or 610-431-1430 or the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/how-does-domestic-abuse-affect-child-custody-cases/

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What Factors The Court May Consider When Awarding Physical Custody

 

When parents are unable to come to an agreement about custody arrangements, the court must step in and make a decision in the best interests of the child. Although it is always a good idea to have a child custody attorney represent you, understanding the factors a judge may take into account when making a decision can help you prepare for how a custody arrangement may affect you and your children.

Common Factors Considered by the Court

Like most states, Pennsylvania courts decide custody issues by determining what is in the best interest of the child, and family law judges are given wide discretion in these types of cases. In Pennsylvania, there are 16 specific factors that a judge must consider, but some of the more-general relevant factors include:

Each parent’s living situation. The judge will look at where the child is currently living and going to school. For example, if two parents are going through a divorce and their child is thriving in a current stable environment, the court probably would not be inclined to drastically change the child’s living arrangements. The proximity in which parents live is also taken into consideration. If the parents live near each other, the court may order joint custody so both parents are able to spend significant amounts of time with the child. They will also consider whether each parent has taken measures to provide space for the child and is able to meet the child’s needs.

Each parent’s relationship with the child. One of the ultimate goals when deciding physical custody is to keep relationships intact. Some questions a judge will consider include:

- Which parent is more inclined to encourage and allow frequent and ongoing contact between the child and the other parent?

- Which parent has been primarily responsible for caregiving and has spent more time with the child?

- Which parent is more likely to be attentive to the child's physical, emotional, developmental, educational and special needs and maintain a nurturing, loving relationship with the child?

The court may also consider a child’s relationships with siblings, grandparents and other extended family members.

Parent availability. The court will consider each parent’s work schedule and ability to provide child care. In addition, the court takes into consideration the physical and mental health of both parents.

History of domestic abuse, neglect and drug or alcohol problems. A judge will take into consideration whether abuse or neglect has been perpetrated against the child, addiction issues, and the criminal history of both parents.

The child’s preference. If a child is mature enough, his or her custody preferences may be considered.

Is Gender a Factor when Considering Physical Custody?

No. In Pennsylvania, child custody determinations are required to be gender neutral. This means that regardless of whether it is a mother or father seeking physical custody, neither may receive preference based upon gender. In addition, child support typically does not affect a parent’s ability to obtain physical custody.

If you need assistance with matters surrounding custody or divorce, contact a child custody lawyer in Pennsylvania today.

This blog was originally posted on https://www.pa4law.com/what-factors-the-court-may-consider-when-awarding-physical-custody/

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Steps to Take If You Find Yourself in the Middle of A Custody Battle

Being involved in a child custody battle can be emotionally and financially draining. When things get heated, it is easy to lose sight of your objectives. Our custody attorneys advise clients on what to do and what not to do amidst a custody dispute. These tips can help you deal with tense situations and increase your chances of gaining custody while keeping your children’s best interests at the forefront. 

Note, if you are located in Southeastern PA or Northern Delaware, and looking for legal help with your custody issues, you can contact the law firm of Perna & Abracht here.

Hire A Child Custody Lawyer

In a contentious custody battle, it is not a good idea to go it alone. Family law in Pennsylvania is complex, and the best divorce lawyers are also skilled at dealing with child custody issues and matters, including child support. An attorney can evaluate your case, help you form a strategy, and guide you through the process every step of the way. Having a skilled lawyer in your corner can help to ensure that your rights and your children’s well-being are protected. 

Be Objective

There is no doubt that emotions run high when it comes to issues involving children. Try not to get wrapped-up in the drama of the situation – practicing compassion and putting yourself in the other parent’s shoes can go a long way in resolving custody issues. It is also important to ask yourself what your motivations are. Are you doing what is best for your children? Sometimes the answers to these questions can be hard to swallow, but can also make things easier and more pleasant for everyone in the long run. Because your attorney is not emotionally attached to the situation, he or she can provide an objective perspective that may help you see things in a different light. 

Gather Evidence and Documentation

It is vital to have evidence that supports your case. This can be anything from keeping a record of your co-parent’s involvement in school or other activities, their interactions with you and your children, and even witness testimony. The more you know about your children, the better. Make sure you are up on what is going on in their lives, whether it is knowing the names of their teachers, the subjects they like studying, any hobbies or sports they enjoy, or more serious matters such as their medical needs. Do not attempt to stretch the truth or fabricate evidence in your favor. Honesty is always the best policy, even if you fear that a custody agreement will not turn out exactly as you wish. 

Try Alternative Dispute Resolution First

Settling a custody dispute out of court can help save you time, money, and aggravation. Not only that, it is better for your children as well. Even if you are angry with your co-parent, being flexible can help you come to a reasonable agreement in a more timely manner. If you and your co-parent have a hard time with civil communication, your attorney can handle negotiations and act as your advocate.  

Present a Positive Image

When you’re going through a child custody battle, your image and behavior are under a microscope. Your role as a parent and attentiveness to your children will be scrutinized, so it is important to conduct yourself with dignity. Do not badmouth your co-parent to your children or anyone else. It can have a negative impact on your kids, and you never know when your words may come back to bite you. Avoid using social media if you can. Do not post anything about your divorce or custody case. It is also important to refrain from posting pictures that show you consuming alcohol or drugs. Even an innocent photo of you enjoying a glass of wine after work can be misrepresented as a problem. 

Whether you are in mediation or a courtroom, always dress conservatively, be polite, and be on time. These seemingly-little things can make a significant impression on judges, social workers, and others who may be involved in your case. 

Even in the best of circumstances, issues surrounding child custody can arise. A child custody lawyer in Pennsylvania can assist you with your case, improve your chances of a successful resolution, and take some of the burden off your shoulders during challenging times. 

This blog was originally posted on https://www.pa4law.com/steps-to-take-if-you-find-yourself-in-the-middle-of-a-custody-battle/

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