Domestic violence is a deeply troubling issue that can significantly impact on divorce proceedings and child custody arrangements. For individuals experiencing abuse, the complexities of ending a marriage can be especially challenging, as domestic violence often affects legal outcomes in profound ways. Below, we explain how domestic violence influences divorce and child custody in the hopes of protecting the rights and well-being of those involved.

Domestic Violence in Divorce Proceedings

Domestic violence often encompasses physical, emotional, psychological, sexual, and/or financial abuse. When domestic violence is a factor in a marriage, it can influence several aspects of divorce proceedings, including division of assets, spousal support, and child custody.

1. Division of Assets: The courts must divide marital property equitably, but evidence of domestic violence may influence the allocation of marital property. If one spouse’s abusive behavior has caused financial hardship, such as through excessive control of finances or damaging shared property, the court may consider this when determining an equitable distribution of assets.
2. Spousal Support: Domestic violence can also affect spousal support or alimony awards. Courts recognize the potential financial impact of abuse and may be more inclined to grant spousal support to a survivor of domestic violence. In contrast, if the abusive spouse seeks support, the court may be more inclined to deny their request based on their behavior during the marriage.

The Impact of Domestic Violence on Child Custody

Courts consider various factors to ensure that custody arrangements are in the minor children’s best interests but domestic violence can shape custody decisions.

1. Safety Considerations: Courts prioritize the safety of the child when making custody determinations. Evidence of domestic violence, even if it was not directed at the child, can be a significant factor. A parent who has exhibited violent behavior may be deemed unfit for custody, and the court may impose supervised visitation or deny visitation rights altogether to protect the child.
2. Emotional and Psychological Impact: Exposure to domestic violence can have long-term emotional and psychological effects on children. Courts recognize the potential harm of placing a child in an environment where violence has occurred. This recognition can lead to custody decisions that favor the non-abusive parent, thereby limiting the child’s exposure to the harmful effects of domestic violence.
3. Parental Fitness: Courts evaluate each parent’s ability to provide a stable, nurturing environment. A history of domestic violence can cast doubt on the abusive parent’s fitness, affecting both physical and legal custody decisions. In many cases, the court will grant custody to the non-abusive parent and take steps to ensure that the abusive parent has limited or no unsupervised access to the child.
4. Protective Orders and Custody: Survivors of domestic violence can seek protective orders, which may include provisions for temporary custody of children. These orders serve as a legal barrier to protect survivors and their children from further abuse and can influence final custody arrangements.

Legal Protections and Considerations

Domestic violence is taken seriously in family law courts, and several legal protections exist to support survivors:

• Protective Orders: These court orders provide a legal shield for survivors, including provisions for custody, emergency family maintenance, use and possession of property, and no-contact stipulations. Violations of protective orders can have serious legal consequences for the abuser.
• Emergency Custody Orders: In situations where the child’s immediate safety is at risk, courts can issue emergency custody orders, granting temporary custody to the non-abusive parent while the court reviews the case.
• Supervised Visitation: When courts deem that contact with the abusive parent is still in the child’s best interest, they may order supervised visitation to maintain the child’s safety during interactions.

Navigating Divorce and Custody Amid Domestic Violence

When divorcing an abusive spouse and/or seeking custody, survivors of domestic violence should gather evidence of abuse. This can include police reports, medical documentation, photographs of injuries, and testimony from witnesses. Working with a skilled family law attorney is important to ensure that the survivor’s rights are protected and that the court fully understands the extent of the domestic violence.

Contact Us Today

Rodier Family Law understands the complexities and emotional toll of dealing with domestic violence in divorce and child custody cases. Our experienced attorneys are committed to advocating for the safety and well-being of survivors and their children in Bel Air, Maryland.

If you or someone you know is experiencing domestic violence and needs legal support, please reach out to Rodier Family Law.