Addressing Domestic Violence Concerns in Post-Divorce Custody Arrangements
When domestic abuse is part of a couple’s decision to divorce, it makes the already-difficult divorce process even more challenging for the victim. Domestic violence leaves victims with physical, emotional, and psychological wounds. Even if a child isn’t the target of domestic violence, they can still struggle with the effects of it. Seeing one parent act aggressively or violently toward the other can affect a child’s perception of romantic relationships and affect their feelings towards one or both parents. It’s crucial that a parent affected by domestic violence protect their child with the help of a child custody lawyer.
Victims of domestic violence have already lost a lot—when their abuser uses child custody as a weapon against them, they stand to lose even more. Attorney Diana L. Spidall of Ewaniszyk Law Firm has spent decades building an impressive body of experience in family law, bringing a compassionate but firm approach to every case she takes. Learn more about how our child custody attorneys can help you now by calling us at 760-245-7310.
Legal Implications in Custody Arrangements
Domestic violence can definitely affect how child custody agreements pan out in court. If a parent has abused the child, that is a clear danger to the child and the vast majority of judges would agree that the parent should not have unsupervised time with the child. However, some judges don’t feel the same way about domestic violence committed against the child’s other parent—they believe that if the violence did not target the child, the abuser’s custody should not be affected.
Luckily, these outdated beliefs are starting to lose ground in many states—including California. The 3044 law comes into play when one parent has been convicted of domestic violence within the last five years. In these cases, the judge has to go through a distinct decision-making process before they allow them to have custody. If they do choose to give custody to the abusive parent, they must have a valid reason for doing so. In most cases, though, the non-abusive parent is awarded sole legal and physical custody. The parent convicted of abuse may still get visitation.
If one parent says that they were abused by the other parent but there was not a conviction, the judge must hear the allegation and then decide which custody arrangement is best for the child in question. Should they decide to give custody or unsupervised visitation to the accused parent, they must explain their reasoning for that choice. In complex situations like this, it’s crucial to work closely with a child custody law firm to protect your and your children’s rights.
Prioritizing Child Safety
The child’s safety and best interests are at the forefront of any child custody discussion. If there’s clear evidence that one parent engaged in domestic violence, regardless of whether or not they were violent to the child, that raises serious red flags in a judge’s mind. Even if a child isn’t the target of violence, a person with serious anger issues is likely unsafe around a child. However, there are few cases that are cut-and-dry, which is why judges ultimately use their discretion.
Protecting the Victimized Parent
While the child’s needs are prioritized, the victimized parent still deserves to be safe—especially since many abusive ex-partners will then use court hearings and custody switch-offs as tools to further harm them. It is crucial for a victimized parent to work closely with a child custody attorney with experience in this type of case to avoid being manipulated by their ex-spouse.
Coparenting Struggles
Coparenting with an abusive ex can be just as challenging as being married to them. However, there are steps that parents can take to protect themselves. In cases where a parent must coparent with an abusive ex—for example, if there was no conviction or the abuse was not physical and therefore did not lead to charges—they can limit their face-to-face time with them. During the school year, they may choose to have custody exchanges line up with the start or end of the child’s school day. They may also look into doing custody exchanges via a third party.
Choose Ewaniszyk Law Firm for Your Family Law Needs
With our team of child custody lawyers, you can protect your rights as you navigate coparenting with an abusive ex. Contact our child custody law firm online or call us at 760-245-7310 to set up a time to talk.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.