A child custody battle is already very emotional. When accusations of domestic abuse surface, the stakes and stress levels skyrocket. It is vital to know how these accusations can affect custody decisions for anyone in this situation.
Domestic abuse allegations can undermine your parental rights
Domestic abuse allegations can greatly affect custody decisions. It can:
- Impact your credibility as a parent, making it more difficult to gain custody
- Lead to supervised visitation or restricted access to your child
- Result in the court awarding sole custody to the other parent
- Affect your ability to participate in decision-making regarding your child’s education, healthcare and welfare
If the court finds credible evidence of the allegation, it creates a rebuttable presumption against awarding custody to the abusive parent. This means the accused parent must provide clear and convincing evidence to overcome this presumption.
Protecting your freedom and rights
If you face domestic abuse charges, you must take immediate action to protect your rights and relationship with your children. Here are some critical steps:
- Document everything related to the allegations.
- Gather evidence to support your defense.
- Comply with all court orders and temporary custody arrangements.
- Attend all scheduled court hearings.
False allegations of domestic abuse do occur. Sometimes, people use them as a tactic to gain an advantage in custody battles. You will need to present evidence to disprove them. This can include witness statements, phone records or other documentation that contradicts the allegations.
The legal process in these cases can be intricate and emotionally draining. You will need a knowledgeable advocate to guide you through this challenging time. Do not hesitate to work with a criminal defense attorney to fight alongside you.