How Domestic Violence Charges Affect Child Custody
Domestic violence charges can have far-reaching consequences beyond the immediate penalties and social stigma; one of the most significant areas affected is child custody.
As a seasoned criminal defense attorney, I understand the difficulties and emotional strains that come with being charged with domestic assault.
If you're facing such charges in Missouri, it's crucial to understand how they can impact your custody rights and what steps you can take to mitigate these effects. Let's explore some consequences domestic violence charges can cause regarding child custody.
Domestic Violence and Child Custody in Missouri
Missouri law takes allegations of domestic violence very seriously, especially when it comes to child custody. The state’s primary concern is the welfare and safety of the child.
Therefore, if you have been charged with domestic assault, these charges can greatly impact a judge's decision on awarding custody. Courts are mandated to consider the best interests of the child over the desires of either parent, and evidence or allegations of domestic violence weigh heavily in this determination.
Family Law Perspective
From a family law standpoint, domestic violence can manifest in many forms: physical, emotional, psychological, and even financial abuse. Missouri courts define "domestic violence" broadly to include acts of violence or threats of violence against a partner, spouse, child, or other family member.
Importantly, even mere allegations, if seen as credible, can play a significant role in custody decisions. Here are some key factors courts consider:
The nature and severity of the alleged abuse
The frequency and recentness of incidents
Whether the abuse was directed at the child or occurred in the child's presence
The mental health and stability of both parents
Under Missouri law, a parent with a history of domestic violence may face severe restrictions on their custody and visitation rights to ensure the child's safety. In some cases, the court may even deny custody or visitation altogether.
Impact on Child Custody Arrangements
Sole vs. Joint Custody
In cases where domestic violence is substantiated, it is highly unlikely that a court will grant joint custody. Missouri courts often favor the non-abusive parent and may award them sole custody. This means the child will primarily reside with the non-abusive parent, who will also make all major decisions regarding the child's welfare.
Supervised Visitation
In some instances, the court may allow the abusive parent to have supervised visitation. This means that visits with the child will occur in the presence of a third party, often a professional supervisor, to ensure the child’s safety during these meetings. Supervised visitation can be expensive and logistically challenging, further complicating the relationship between the parent and child.
Termination of Parental Rights
In extreme cases, particularly where there is evidence of severe, repeated, or recent violence, courts may terminate the abusive parent's rights altogether. This is typically a last resort reserved for cases where continuing the parent's relationship with the child would be detrimental to the child's well-being.
Working With a Defense Attorney
Given the high stakes, it is crucial to work with a skilled criminal defense attorney who also understands the nuances of family law. An attorney can provide invaluable assistance in several important areas:
Gathering evidence: Your attorney can help collect evidence, such as witness statements, medical records, or other relevant documentation, that may counter the domestic violence allegations.
Petitioning the court: If you have not been convicted, you may petition for a hearing to contest the allegations. Your attorney can prepare for and represent you at this hearing.
Custody mediation: Your attorney can also assist you in mediation with the other parent, which may help to negotiate more favorable custody and visitation arrangements.
Substance abuse programs and counseling: Sometimes, participating in substance abuse treatment or completing anger management courses can demonstrate your commitment to rehabilitation and may positively influence custody decisions.
Steps to Take if Charged
If you are charged with domestic violence in Missouri and you have children, take these steps immediately:
Contact an attorney: Reach out to a criminal defense attorney who has experience with both domestic violence cases and child custody issues. Your attorney can guide you through the immediate steps and represent you in any legal proceedings.
Document everything: Keep detailed records of any interactions between you and the other parent, as well as any interactions with your children. This could include text messages, emails, or a written journal of events.
Avoid confrontations: Avoid any situations where further allegations could arise. It is important to be on your best behavior to minimize additional claims of violence or harassment.
Follow court orders: Obey any existing court orders regarding custody and visitation scrupulously. Violating such orders can further hurt your case and diminish your chances of a favorable outcome.
While domestic violence charges can undoubtedly complicate custody proceedings, it is not an automatic bar to visitation or custody. It's crucial to demonstrate that you are taking proactive steps to address and remedy any behavior that may have led to the allegations.
With the help of a skilled attorney and by following these steps, you can work towards achieving a fair outcome for both yourself and your children.
Contact Howard L. Lotven, P.C.
Being charged with domestic violence is a severe matter that can have extensive consequences for your life, including your relationship with your children and your rights as a parent. Missouri law prioritizes the well-being and safety of the child, and credible evidence or allegations of domestic violence can result in restrictions on your custody and visitation rights.
A knowledgeable attorney can assist you in addressing both the criminal charges and their implications for child custody, helping you strategize the best possible defense and work toward favorable outcomes in both areas.
Don’t face these charges alone; contact me at Howard L. Lotven, P.C. for dedicated, compassionate legal support. Located in Kansas City, and I also serve clients in Independence, Rock Port, and Lexington. Together, we can work toward preserving your relationship with your children protecting your rights.
If you're facing domestic violence charges in Missouri, learn how they can impact your child custody rights and the steps you can take to mitigate these effects.