Understanding Divorce and Custody in the Context of Domestic Abuse

What Counts as Domestic Abuse?

Legally speaking, domestic abuse is a fairly broad category. It can be a wide range of felony or misdemeanors that involve some sort of violence being committed towards a spouse, partner, child, family member, or someone else living in a home with a person. It can take many forms, including physical violence, emotional manipulation, threats, molestation, or verbal abuse. In general, anything that involves your ex being cruel or controlling towards you, your child, past partners, other children, siblings, or parents may be relevant when determining custody.

Type of Domestic Abuse	Examples and Context
Physical Violence	Violence being committed towards a spouse, partner, child, family member, or someone else living in a home
Emotional Manipulation	Being cruel or controlling towards you, your child, past partners, other children, siblings, or parents
Threats	Can take many forms
Molestation	A wide range of felony or misdemeanors
Verbal Abuse

How Will Abuse Affect the Court's Decision About Custody?

When a court is hearing a custody case, the main thing they will be considering is simply what the best interests of your child will be. The things you bring up in court will affect the judge's decision of course, but their primary goal will just to decide what is best for the child. Because there is a high risk of a child being hurt by a domestic abuser, most courts will tend to act very conservatively in cases that involve domestic abuse. They will typically try to be on the safe side and avoid awarding custody to a domestic abuser.

Can an Abuser Still Have Visitation Rights?

Though it is rather are for a domestic abuser to actually get full or partial custody of a child, this does not mean that a history of domestic abuse will keep your ex from ever seeing the child. Courts determine visitation separate from custody, so something that blocks a person from getting custody may not block them from getting visitation rights. This occurs because courts generally feel it is best for a child to have a relationship with both of their parents.

Custody vs. Visitation
Custody	Rather rare for a domestic abuser to actually get full or partial custody of a child
Visitation Rights	Courts determine visitation separate from custody, so something that blocks a person from getting custody may not block them from getting visitation rights
Courts generally feel it is best for a child to have a relationship with both of their parents

What Should You Do If an Abusive Ex Wants Custody?

Keep in mind that courts will not automatically decide in your favor simply because you tell them that your ex partner was abusive. They will take into account allegations of domestic violence, but it is generally best to have some proof that it occurred. If your ex was actually convicted of domestic abuse, it will be very easy to prove. However, your spouse does not necessarily have to be convicted to lose custody. In some cases, even accusations or allegations may be enough to reduce a person's chances of getting custody. You may be able to tell the court about the abuse with things like photos of injuries, police reports, or witnesses testifying on your behalf.

Evidence Types to Prove Domestic Abuse

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Evidence Type	Strength	Notes
Criminal Conviction	Very Strong	If your ex was actually convicted of domestic abuse, it will be very easy to prove
Photos of Injuries	Strong	You may be able to tell the court about the abuse with these items
Police Reports	Strong
Witnesses Testifying	Moderate to Strong
Accusations or Allegations	Varies	In some cases, even accusations or allegations may be enough to reduce a person's chances of getting custody
Your spouse does not necessarily have to be convicted to lose custody

Why You Need a Professional Attorney for Custody Cases Involving Abuse

To keep an abusive ex partner from getting custody, it is useful to have plenty of proof and help from a professional attorney. Having a good lawyer on your side will help you to more accurately explain your situation and show the court why it is in your child's best interest to stay away from your ex. Since each specific state tends to have their own unique laws surrounding custody and domestic abuse, you will need someone who is quite knowledgeable about custody law in your state. Navigating all of the challenges of a child custody case with domestic abuse will be tricky, but there is hope that you may be able to get the best possible outcome.

What Courts Consider in Custody Cases

Court Consideration	Details
Best Interests of the Child	The main thing they will be considering is simply what the best interests of your child will be
Things You Bring Up	The things you bring up in court will affect the judge's decision of course
Risk to Child	Because there is a high risk of a child being hurt by a domestic abuser, most courts will tend to act very conservatively
Conservative Approach	They will typically try to be on the safe side and avoid awarding custody to a domestic abuser
State-Specific Laws	Each specific state tends to have their own unique laws surrounding custody and domestic abuse