Domestic violence is a very serious issue. Even a single moment of lost control can permanently alter a family’s dynamic and have serious psychological and legal consequences. This is especially true in divorce cases where child custody and visitation are disputed. A history of abuse can influence child custody decisions, and occurrences of domestic violence may result in modifications to existing custody, visitation, and support orders.
What Constitutes Domestic Violence?
Domestic violence extends beyond physical abuse to include emotional/verbal abuse, sexual abuse, and threats of harm. Virginia law defines domestic violence as an action by a family member involving violence, force, or threats that cause physical injury or a reasonable fear of physical injury to an adult or child. For the purpose of this definition, a family member includes a current or former spouse, in-laws, co-guardians (even if they live apart), roommates, and people who have lived together within the past year.
How Does Domestic Violence Impact Child Custody Determinations?
Child custody and visitation orders are based solely on the best interests of the child. Courts consider various factors, including each parent’s stability, home environment, and ability to create a safe and meaningful relationship with the child.
While Virginia courts generally prefer joint custody arrangements that allow frequent visitation for noncustodial parents, a history of domestic violence can prompt the court to deviate from this preference. In cases of abuse, courts may restrict or even prohibit the abusive parent’s contact with the child. Possible outcomes include supervised visitation or, in extreme cases, the termination of parental rights.
Supervised Visitation
Under a supervised visitation arrangement, the abusive parent may only visit the child in the presence of a court-designated third party, often at a neutral location. Supervised visitation is typically intended as a temporary measure, with the potential for unsupervised visitation if the parent demonstrates rehabilitation. To regain unsupervised visitation rights, the abusive parent may be required to complete a domestic violence course and an anger management class to prove that such visitation is in the child’s best interest.
Terminating Parental Rights
In severe and ongoing cases of abuse, a court may permanently terminate the abusive parent’s rights. Unlike supervised visitation, termination of parental rights is a permanent decision. The abusive parent’s future good behavior usually will not result in reinstating those rights. Courts reserve termination for the most extreme cases, such as habitual physical or sexual abuse of a child.
Seeking Legal Help
If you are concerned that domestic violence may play a role in your divorce or child custody case, or if you have any other family law concerns, it is crucial to consult with a qualified attorney. The experienced family law attorneys at DiPietro Family Law Group have decades of experience in handling all types of family law matters and are here to help you.
Contact one of the DiPietro family law attorneys today to schedule a consultation with a caring professional at (888) 530-4374.