Wail Sarieh
By:

Child Custody and Domestic Violence

Uncategorized

Does either party involved in your child custody case have a history domestic violence? Are you aware how this can affect a child custody case? If not, then you need to know more about the legal process of child custody cases in Orange County. Domestic violence can have some adverse effects on your child custody case and if the court comes to the conclusion that any of the parents are involved have been affected by domestic violence, then typically the courts will give the judgment in the favor of the victim.

Most people believe that domestic violence is only limited to the physical abuse. But in reality, there are different types of the domestic violence that include social isolation, child abuse, verbal and emotional, intimidation, physical abuse, religious, female and male privilege, and sexual abuse.

Domestic Violence and Child Custody

Child custody can be given to a primary parent or it can be shared by both the parents as what is commonly referred to as joint custody. There are two types of the child custody, physical and legal. Legal custody is the one where the parents make the major decisions about the education and future of the child and the physical custody decides where the child will live and who will take care of basic requirements that include bathing, feeding, and activities.

When it comes to the child custody, the court always makes the decision in the best interest of the child. According to the law, any physical and verbal abuse and violence are detrimental to the child’s growth. It can affect the child and their future developments. They give utmost importance to the safety of the child and other family members. If they find any violence and physical abuse in the home of the child and realize that the violence is on behalf of any of the parents, they will give the decision in the favor of the other parent.

Judges will always focus on the best interest of the child and the court will consider which environment will be more favorable for child’s health and future growth. The judge will make the decision accordingly. The court will go through any history of the domestic violence. They will consider the following factors before granting the child custody to any of the parents:

  • Any incidences of child abuse by either of the parents, no matter what type and for what period.
  • Any incidences of child abuse by the caretaking relationship.
  • Any incidences of child abuse by any other relationship.

And most importantly, the court will focus on the following:

  • The best interest of the child.
  • What type of the treatments the perpetrator is taking?
  • Is the perpetrator complying with any legal requirements such as restraining orders?
  • Any other incident of the domestic violence.

If the court finds that the abuse is extreme, it can terminate the parent’s right. In this condition, the parent will lose all the rights to claim the legal and physical custody of the child. Always remember that once the court terminates the parents’ right, it will never be regained.

Wail Sarieh
By Wail Sarieh