Domestic Violence and Custody: What Parents Need to Know

Domestic violence is considered any pattern of behavior that seeks to control another person. Also known as domestic abuse, the court will consider any verbal or physical abuse when determining custody arrangements. If your former spouse has displayed any past or present signs of domestic abuse, you need to understand what factors could impact a child custody order. 

At Purdy Law Office, LLC, our Harrisburg child custody attorneys are committed to helping our clients find resolutions that meet the needs of the entire family. Although a single incident will not automatically result in a denial of visitation rights, a pattern of abuse can be a red flag for a judge. In this blog, our family law lawyers discuss what you need to know regarding how a court determines custody arrangements and the importance of having a legal advocate by your side.

Defining Domestic Violence

The Commonwealth of Pennsylvania defines domestic violence as attempting to cause or causing bodily injury or serious bodily harm to another person. Acts of domestic violence may be committed between family or household members, persons in a romantic relationship, or between two persons who share a child. 

In some cases, there may be no physical wounds but rather verbal abuse, which leaves invisible scars. Verbal abuse may involve calling a child names, shouting profanities, insulting the child, threatening to hurt the child, or blaming the child for any type of abuse.

In child custody cases, accusations of physical or sexual abuse are taken seriously. If the non-abusive parent seeks a protective order, the aggressor may be denied access to their child. Common examples of physical abuse include kicking, biting, punching, cutting, or throwing objects, while sexually abusive behavior may include watching a child go to the bathroom or bathe, an adult showing a child their genitals, or forcing a child to touch themselves in a sexual manner. 

In Pennsylvania, domestic violence is considered a third-degree misdemeanor (the most minor offense). In addition to a denial of custodial rights, a conviction is subject to one year in prison and a fine of $2,500. 

The Impact of Domestic Abuse on Custody and Visitation Rights

In determining what arrangements are ideal for a child’s well-being, the court will examine various factors (known as the best interests of the child standardhttps://www.purdylawoffice.com/domestic-violence-and-custody-what-parents-need-to-know/). The list evaluates which parent will provide the safest and most stable environment for the child. If there is any history of abuse performed by either parent, the court will review certain factors to determine what level of access the abusive parent should have in relation to the child. The abuse does not necessarily have to be directed to the child to impact a court’s decision, but it can be between parents, family members, or household members. 

A judge will look at the following factors in determining if the history of abuse will impact a custody decision:

• If the alleged abuse was of a physical, sexual, or verbal nature
• If the child was present for the alleged abuse
• If the child was exposed to potential harm
• If the act or acts of domestic violence were directed toward the child
• If the acts or acts resulted in the child sustaining physical harm or serious bodily injury
• If there is any evidence of a weapon being used during the acts of domestic violence
• Whether the aggressor improperly detained the child at any point
• If the aggressor’s actions violated the best interests of the child

Skilled Representation is Key to Protecting Your Child’s Welfare

The court will review the last five years in examining whether any acts of domestic violence are present. If the court finds a pattern of abuse, a judge is more likely to grant primary custody to the non-abusive parent. Depending on the circumstances, the court may grant the noncustodial parent supervised visitation rights or deny access to the child.

The supervised visitation requirement will only be lifted if the other parent shows that they do not pose a threat to the child. Even though your ex may not be showing any signs of abuse at this time, it is wise to be wary of your child’s safety under their care. At Purdy Law Office, LLC, our legal team strives to find custody arrangements that protect your child’s safety while allowing them to maintain a relationship with the other parent.

If the only way for your child to remain safe is through limiting the other parent’s visitation rights, our child custody lawyers will present the evidence needed to help you achieve that outcome.

Contact a Harrisburg, PA, Child Custody Attorney Today

If your ex is seeking custody rights or pursuing a modification to an existing order, the legal team at Purdy Law Office, LLC, is here to protect your child’s interests. For the last decade, our legal team has helped parents and guardians do what is best for their children. Our Harrisburg, PA, child custody lawyers seek an efficient resolution to each case, permitting families to move past the ordeal as soon as possible. To learn more or to schedule a meeting with an attorney, we can be contacted online or by calling (717) 674-2885.