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How does a domestic violence allegation affect custody claims?

Child custody disputes will examine every part of your life from your income, job, stability, emotional health and any past criminal history, including domestic violence charges. Which begs the question, what happens if your partner alleges domestic violence? Can a protective order prohibit you from seeing your child? How does this affect the overall custody arrangement? This post will go over some of the issues that these allegations can raise.

Many states require courts to consider domestic violence charges or allegations when setting up a parenting plan, but not all do. You can speak with a lawyer for your particular area. The variation will also depend on the court.

However, the court can consider any piece of information that it deems relevant in ascertaining what is in the best interests of the child. The court will examine which environment or situation is best placed to suit the child's physical, intellectual, emotional, and spiritual needs. As you can see, it is a holistic view of a home.

Even if a state does not explicitly list domestic violence as a factor to consider when arranging child custody arrangements, the judge can inquire on his or her own. In fact, if domestic violence is not specifically addressed by the law, then the judge can use or interpret that information any way he or she believes necessary.

If you are engaged in a child custody dispute, then you may want to speak to a lawyer as soon as possible. Child care arrangements are only set after the court believes that it arrived at a parenting plan that puts the best interests of the child first. That means every aspect of your life will be examined. Domestic violence charges must be addressed quickly to ensure that it minimizes the effect of your custodial arrangement.

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