Domestic Violence: Why Victims May Lose Custody

Woman covering her face and a man's fistHow is custody determined in cases of domestic violence? Understandably, the court will aim at having the child benefit from a meaningful relationship with both parents while protecting them from violence, abuse, and neglect. Family courts make decisions in the best interest of the children involved. If you have experienced domestic violence, it is vital to obtain a child custody attorney in Denver, Colorado such as The Burnham Law Firm, P.C. This is because the ultimate decision on where the child lives lies with the court.

Victims Losing Custody to Domestic Violence Perpetrators

In most cases, a parent accused of domestic violence will be denied custody when they pose a danger to the child and the other parent. Where one of the parties is found to be a perpetrator of violence, it is not in the best interest of the child to allocate mutual parental responsibility.

While custodial rights of domestic violence victims are guaranteed, it is possible for the abuser to gain custody. Non-abusive parents may lose physical care of their children if they present poorly in court because of post-traumatic stress disorder and depression. To avoid losing your parental responsibilities to the abusive parent in such a scenario, it is a must to seek appropriate legal counsel.

Custody Determination of Victims of Domestic Violence

In cases where the parents get divorced, and one parent finds a new partner, certain events can lead to loss of custody. If the said parent moves in with the new partner together with the children, and the new partner becomes abusive, the other parent may petition the court to give them full custody. In such a situation, they will file a case since the victim is incapable of protecting the children from third parties.

Domestic violence is a grave violation, and appropriate legal representation goes a long way in ensuring your best interests and those of your young ones are considered in granting parental responsibilities.