The Impact of Domestic Violence Convictions on Custody

 Posted on March 21, 2025 in Child Custody

If you are in the middle of a divorce that includes the allocation of parental responsibilities, and you have a domestic violence conviction on your record, you may wonder whether that will be a factor in parenting time decisions. You may be on the other side, with a spouse who has a domestic violence conviction, wondering whether the court will really give him or her parenting time.  

A conviction for domestic violence will have at least some impact - and maybe considerable impact - on the decisions made by a judge regarding parental responsibilities and parenting time. The extent of that impact will depend on many different issues, including the facts and circumstances surrounding the conviction, how long ago the conviction occurred, and more.

Speaking to a knowledgeable Wheaton, IL, family law attorney is a good first step to determining whether a domestic violence conviction will affect the allocation of parental responsibilities. An attorney can examine all the details of the conviction and advise you on the best course of action.

What Factors Do Illinois Judges Consider When Making Decisions Regarding Parental Responsibilities?

If parents are unable to decide parenting time and the allocation of parental responsibilities on their own, a family court judge will make that determination for them after considering the following factors:

• The wishes of the parents
• The wishes of the child is he or she is old enough/mature enough
• The relationships the child has with each parent, siblings, extended family members, friends, etc.
• The willingness of each parent to encourage a child’s relationship with the other parent
• The physical and mental health of both parents and the child
• How well the child has adjusted to his or her home, school, and community
• Whether either parent is a convicted sex offender
• Whether either parent has previously abused the child or another person
• Whether a parent has previously exhibited physical violence toward the child or the other parent

Will the Court Deny Parenting Time to the Parent Who Has a Domestic Abuse Conviction?

Each situation is unique in some way, but if the judge believes the parent with a domestic abuse conviction could potentially endanger the child’s emotional, physical, mental, or moral safety or health, parenting time could be restricted or denied. Family courts will not grant an abusive parent parenting time unless they are sure the child and the other parent are protected.

The court could order supervised parenting time for the parent with the domestic abuse conviction. This means parenting time would occur at another person's residence or at a public or private facility with a third party present at all times. The court might also order that the abusive parent only have electronic communication with the child instead of in-person parenting time.

This means the parent and child might speak on the telephone, email, instant message, or have virtual visits through apps like Zoom or Facetime. In rare instances, the court could terminate the parental rights of the parent with the domestic violence conviction. The court would have to have evidence that the parent is unfit to care for the child or that the parent is a clear danger to the child.

Could Supervised Parenting Time Change to Unsupervised Parenting Time?

Over time, if the parent who was ordered to have supervised parenting time can prove to the court that he or she is not a danger to the child or to the other parent, there could come a time when the court might award unsupervised parenting time. This would depend on many different factors, including whether the parent completed anger management courses or sought help from a therapist. The court will always err on the side of ensuring the child is safe and that unsupervised visitation poses no threat to the child’s well-being.

Contact a DuPage County, IL Family Lawyer

Regardless of which side of this situation you are on, you can get the help you need from a Wheaton, IL parenting time attorney from Davi Law Group. Attorney Davi spent several years as an Assistant State’s Attorney in DuPage County, which gives him a unique perspective on family court issues. Call 630-657-5052 to schedule your free consultation.