Domestic violence can have a big impact on your divorce and the decisions the court makes in finalizing your decree. When it comes to child custody, it can have a huge effect on the court’s decisions.
FindLaw explains you should file for a protection order as soon as possible. This will not only help protect you but also gives you a record of the issues to use in court.
Safe and healthy home
When a court considers custody issues, the judge will always consider what is best for the child. A judge will not subject a child to a home that is not safe or healthy. Furthermore, if there is a history of violent behavior or abuse from one parent, the court will weigh that heavily before giving that parent any access to the children.
If the other parent has not been supporting the children or being a part of their lives, this will only enhance the court’s issues with giving that parent custody. It can also impact visitation rights. If the court feels a parent is dangerous or could put the children in danger, it will either award only supervised visitation or strip the parent of rights completely.
Remember that a court order is something you must follow even if you do not agree with it. However, if you feel your child is in immediate danger if you follow the order, you can consult with an attorney about your options. You also can contact law enforcement if the other parent is violating a court order involving a protection order since it is criminal in nature. Be cautious, though, about denying the other parent rights under a custody order as you could end up in trouble.