Domestic abuse is a serious crime that can take a variety of different forms through physical, mental, emotional, and even economic control. No matter its form, scars are always unfortunately left on the victims, and courts and juries take these facts into mind when they are deciding on a verdict in a domestic violence case.
Domestic violence organizations are numerous in California and have a lot of resources for those looking for assistance. The state government also has resources available for people who are looking for shelters and counseling services.
In regard to child custody and domestic violence, the legal system in California is going to focus on keeping the child’s health and safety secure. Courts are mandated to keep this idea in mind when making decisions and judges are also required to keep the safety and security of a child when they make a decision.
When it comes to domestic violence and custody, it is important to note the different types of custody. It can be solely awarded to one parent or jointly shared. Legal custody gives parents the ability to makes decisions for a child. Physical custody actually gives parents the ability to live with their child and give them basic care, such as bathing and feeding.
Judges are required to make a custody decision in a domestic violence case that serves the child first. They will consider any history of abuse by a parent to the child, the other parent, a friend, roommate, or any other child that might have some sort of relation.
As a result, juries and judges will consider any evidence of abuse that backs up accusations. This could include law enforcement reports, notes from child protective services, insights from social agents, and details from doctors and other medical providers. They can also speak with other nonprofit agencies to get information.
If an abusive parent has committed domestic violence in the last five years against the other parent, child or the child’s siblings, it is up to the court to decide if the perpetrator should be allowed to take custody of the child.
Click here to learn 6 reasons why a parent may lose custody of a child!
This might occur if the perpetrator has complied with parole requirements, have taken counseling, and has provided proof that taking custody of the child would be in his or her best interest.
Overall, judges are asked to grant reasonable rights to visitation unless it is not in the best interest of a child. If there is a risk, the court can mandate supervised visitation to protect a child against risk of abuse.
This could include the addition of a third party to supervise visits, or even a ban on overnight visits to protect a child’s safety. Visitation with these types of conditions often occurs if some sort of protective order has been issued.
If there is an emergency protective order in place, a temporary custody can be established to help a child victim become safe. Here, judges are asked to not make a permanent custody order that is different than the temporary award of custody.
If there are any concerns about a child’s safety when it comes to custody arrangements, a judge can take whatever actions that are needed in order to keep the child safe until investigations can be carried out and completed. This could include the termination of a parent’s custody rights if needed.
Do you have a question about domestic abuse and custody in California? Click here to contact Von Esch Law today!
Courtesy of Cuselleration