When allegations of abuse or domestic violence are on the table, most people assume that these issues will have an effect on their child custody dispute, as well as other pending divorce proceedings. However, they don’t always understand how these issues are handled by the courts, and might be uncertain about what to expect during the upcoming hearings.
To have a better grasp on how allegations of abuse impact a child custody dispute, it’s important to have an understanding of how the family law courts operate as they deliberate on any given case. For starters, a court will always prioritize the well-being of a child over anything else, including the wishes of either parent.
The family law courts carefully examine a variety of factors, all of which weigh into their final recommendation. They look at things such as:
- The overall safety, well-being, and health of the child
- Any history of domestic abuse
- Any history of parental abuse of alcohol, tobacco, or illegal/prescribed drugs
- The type and amount of contact with each parent
- Each parent’s ability to guarantee and promote the child’s well-being
Not surprisingly, allegations of abuse can weigh heavily on a court’s decision, as the safety of the child will always take precedence.
Protecting Yourself and Your Loved Ones During a Child Custody Dispute
With that being said, the courts generally favor arrangements that can allow for both parents to remain active and involved in their child’s life. This means that claims of abuse and domestic violence need to be verified and backed up with evidence before the courts can proceed to strip or limit custody rights from the abusive parent.
This is why anybody who is navigating a child custody dispute in California always needs to recruit his/her own legal counsel, someone who can help guide them through this stressful and complicated process. Regardless of where you fall in this equation, you should always consult with a qualified professional.
If you want to learn more about this issue, or any other matter relating to child custody disputes, divorce, or family law in CA, be sure to give us a call at the Law Offices of James P. White. Call today to schedule a free initial consultation with one of our seasoned family law attorneys, no commitment required!