Domestic Violence Claims For Child Custody
Child custody is a touchy subject, especially when connected to a domestic violence situation. Domestic violence can lead to a life of disappointment for a child, and that is why the courts handle domestic violence cases involving child custody very delicately and carefully.
With domestic violence cases, if the judge finds that the alleged abuse has been occurring, the judge has the discretion to take away custody of your kids. The parent or spouse alleging the abuse will also either file a restraining order on behalf of her or himself and children and file for sole custody.
If the judge grants any visitation, they can supervise and monitor it. In other words, the situation can get ugly, and as domestic violence defense attorneys, we do everything we can to smoothly and discretely resolve the problem.
When children are involved, the judge's paramount concern is making a decision that serves the best interest of the child. The judge may grant two types of custody: legal custody and physical custody.
Legal custody is the parent's right to decide on the child's health, safety, and welfare. Physical custody relates to the right of a parent to have the child live with them.
The judge's decision-making process is guided by the public policy of California, which prioritizes the child's right to regular and continuous contact with both parents, even after separation. This commitment to the child's well-being underscores the complexity and sensitivity of custody cases involving domestic violence.