How Family Violence Affects Child Custody

 Posted on December 05, 2023 in Family Law

Restrictions can be imposed on parents who have a history of, continue to engage in, or threaten domestic violence to other members of their household. The restrictions can include the allocation of significant parental responsibilities, which could have the alleged abuser receiving supervised parenting time, limitations on child rights, or a complete revocation of parent-child interaction until a judge deems them no longer a threat to a child’s well-being. A skilled attorney with experience in family law is perfect for providing necessary instruction on where you can seek help while representing you during trial.

The Effects Domestic Violence Has On The Allocation of Parental Responsibilities

Courts determine parental responsibilities based on the best interest of the child. One of the factors a judge will consider is a parent’s history of abuse against the child or other members of the household. Illinois law finds domestic violence to be considered abuse and, as such, is weighed into the final decision on significant decision-making responsibilities and parenting time. However, abuse is only one factor in a long list of factors a judge can use to determine a child’s best interest.

Possible Outcomes Of Family Violence in a Child Custody Case

A judge may see fit to revoke an abusive parent’s rights to their child entirely. However, this only occurs in rare situations and depends highly on the severity of the abuse by the parent and compounding factors a judge takes into consideration. The likelihood is to see the other parent receive significant decision-making responsibilities and the alleged abuser receive supervised parenting time. The abusive parent would also likely be court-ordered to attend rehabilitative treatment programs or receive other requirements to protect the safety and welfare of a child until the court deems restrictions are no longer necessary.

Behaviors That Fall Under The Scope of Domestic Violence

There are a few different behaviors that are considered domestic violence, which are not strictly physical, that could see the allocation of parental responsibilities affected. These behaviors or acts include:

• Harassment
• Stalking
• Verbal threats with intent
• Abusive language
• Emotional manipulation
• Financial control

Contact a DuPage County, IL Family Law Attorney

Parents should act quickly if they plan to claim family violence at a trial for the allocation of parental responsibilities. An experienced Wheaton, IL, domestic violence lawyer can help you file a restraining order or order of protection against the alleged abuser. One from the Davi Law Group can represent you in court and devise the next best course of action. Contact the firm at 630-657-5052 for a free consultation.