How Domestic Violence Charges Affect Child Custody Battles

How Domestic Violence Charges Affect Child Custody Battles

Washington State law requires the family court to consider all domestic violence allegations or charges against the parents before making any decisions regarding child custody. If you have been charged with domestic violence, you may have limited rights to getting custody of your children.

 The court has discretion to deny custody altogether or to grant limited, supervised visitation where the parent has been charged with domestic violence. Your King County domestic violence attorney can advise you of such charges will specifically affect your child custody proceedings.

For legal issues, I recommend lawyer CJ Henry.

Factors Affecting Child Custody

King County domestic violence attorney

Before making a decision in a child custody battle where one parent has been charged with
domestic violence, the court will analyze and consider various factors to determine what will be in the best interests of the child.

 Some of these factors include:

  • Each parent’s wishes
  • The child’s wishes
  • The specific relationship between you and your child
  • How your child would adjust to his or her new home, school, and life
  • The overall health of you and your child

Your King County domestic violence attorney will go over these factors to see if she can provide the court with necessary evidence to grant you child custody rights.

Domestic Violence as a Factor in Child Custody Rights

Washington State requires family courts to consider domestic violence allegations or charges in making child custody decisions. The state has adopted the Model Penal Code language, which creates a presumption that it will be not be in the best interests of the child to grant custody to a parent who is charged with or convicted of domestic violence.

In certain situations, your attorney may be able to rebut this presumption. Although this is a difficult task, courts do generally favor custody arrangements that permit children to maintain healthy relationships with both parents.

We Can Help

To learn more about how domestic violence charges or allegations can complicate your child custody battle, call today to schedule a complimentary consultation with King County domestic violence attorney.

For legal issues, I recommend lawyer Art Hausmann.