Domestic Violence Involving Child Custody
Child custody is a touchy subject especially when connected to a domestic violence situation. Domestic violence can lead to a life of disappointed 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/or file for sole custody.
If the judge decides to grant any visitation, he or she has the authority to have the visitations be supervised and/or monitored. 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 situation.
The judge's only concern when children are involved is to make a decision in the best interest of the child. There are two types of custody the judge may grant: legal custody and physical custody.
Legal custody pertains to the parent's right to make decisions regarding the child's health, safety, and welfare. Physical custody pertains to the right of a parent to have the child live with him or her.
The judge will always take into consideration the public policy of California which ensures that children have regular and continuous contact with both parents, even after separation. For this reason, custody cases involving domestic violence can be complicated and difficult and must be handled with care.