In Arizona family law cases, children need to be given close attention to make sure they are in a safe and nurturing environment. The court strives to serve the child’s best interests above all. This can be complicated in many cases, but it is particularly problematic when there is a history of domestic violence or allegations that it occurred in the past.
State law specifically addresses domestic violence when it determines child custody and parenting time. The court’s primary goal is to protect the child. To achieve that, the circumstances will be assessed. A parent accused without a documented history of domestic violence has a reasonable opportunity to defend themselves.
If there is a legal record of domestic violence, there are options like supervised parenting time. This is a sensitive topic that people need to be prepared for regardless of their perspective. It is also wise to have professional assistance to try and reach a fair resolution while protecting the child.
How does the court address custody with domestic violence?
A fundamental part of child custody is decision-making rights on behalf of the child. When there was domestic violence in the past or evidence that it occurred, there cannot be joint legal decision-making. This is part of the child’s best interests being served. Since the child’s safety is paramount, allowing them to be cared for by a documented abusive parent would be contrary to their needs. The court can also look at past violence even if it was not directed at the child.
The evidence of domestic violence is key when making this determination. It looks at court findings, police records, medical information, if a person needed to seek refuge at a domestic violence shelter, school records, and witnesses.
Parent-on-parent domestic violence will also be relevant. Parents who face this accusation and want joint legal decision-making rights need to rebut the award of decision-making to the other parent. Domestic violence includes recklessly or knowingly allowing the child to be harmed, putting a person in fear of serious physical injury, or behaving in a way where the court issues a protective order for the parent who wants child custody or their siblings.
However, the parent does have the opportunity to show that they can spend time with the child and have decision-making rights. They can show that custody or parenting time would serve the child’s best interests. It can be helpful if they take part in a domestic violence prevention program. If there was substance abuse, they could take part in a program to address it. Parenting classes could be available. And the court can analyze if the parent has committed other acts of domestic violence.
When domestic violence is an issue, children must be protected
Unfortunately, domestic violence is a problem in many family law cases and is often the catalyst for a divorce and custody hearing. However, every situation is different. It is even possible that the allegations are untrue and one parent is just making them to try and put the other in a negative light to get custody.
Regardless, the child’s well-being is the focus. Parents who either have a past in which domestic violence took place or are accused of it should know their rights. Those who want custody to protect the child from the other parent must also have guidance with how to proceed.