How Domestic Violence Affects Child Custody and Visitation

Domestic violence remains a major problem in our society, affecting millions of people each year. Abuse can also play a role in child custody and visitation matters. If you had an abusive relationship with your ex, you may be curious as to how that abuse will impact your family law case.

Judges do consider domestic violence when deciding what is in the best interests of the child. Before doing so, they must first decide whether or not abuse occurred. If they decide that one parent is or was abusive, then they may limit or even prohibit child custody and visitation for that parent.

At Infinity Law Group, we know that domestic violence causes a lot of fear, anger, and anxiety for our clients in family law matters. Our goal is to help our clients understand their rights when it comes to domestic violence in child custody cases – and then to advocate for the best interest of our clients and their children. To learn more or to schedule a free consultation with a Quincy child custody lawyer, reach out to our law offices today.

What Is Domestic Violence?

In Massachusetts, domestic violence is defined as abuse between family or household members. It may include:

• Attempting to cause or causing physical harm;
• Placing another person in fear of imminent serious physical harm; and/or
• Causing another to engage in sexual relations involuntarily through force, threat, or duress.

For purposes of this law, family or household members include people who are or were married to each other, who are or were residing together in the same household, who are or were related by blood or marriage, and who have a child in common (even if they never lived together) and people who were in a “substantive dating relationship.”

Domestic violence is a crime in Massachusetts. It may include crimes such as assault, assault and battery, stalking, strangulation, and sexual assault. Depending on the offense and whether a person has a prior conviction, it could lead to a misdemeanor or felony charge – which may mean jail or prison time.

Even if a person has not been charged with a crime of domestic violence, their alleged victim can obtain a protective order against them. A person may be eligible for an order of protection if a family or household member is abusing them in one of the ways described above. While protective orders are civil, a violation of a domestic violence protective order is a criminal offense.

How Does Domestic Violence Impact Child Custody and Visitation in Massachusetts?

In Massachusetts, two types of child custody are legal and physical. Legal custody refers to the ability to make major decisions related to a child’s welfare (such as education, religion, and medical care). Physical custody includes where the child lives, visitation, and more minor day-to-day decisions.

If the parties can’t agree on their own, then a judge will make a decision on custody based on the best interests of the child. They will look at many factors in determining what is in the child’s best interests, including:

• The child’s relationship with each parent;
• The child’s health and needs;
• The child’s relationship with their siblings and where they reside;
• Where the child has lived over the past 6 months;
• If old enough, the child’s preference;
• Each parent’s physical, mental, and emotional health;
• Each parent’s ability to act in the child’s best interests and their ability to cooperate;
• Whether either parent has substance abuse issues; and
• If either parent has abused or is currently abusive towards the other parent or the child.

In other words, the presence of domestic violence in a family is considered a part of a child’s best interests. 

If one or both parents claim that the other is physically, sexually, or emotionally abusive, then the court must determine if that parent has committed domestic violence. In some cases, this may be as simple as referring to a domestic violence conviction. In other cases, if a parent hasn’t been charged or convicted of domestic violence, the court may need to rely on other evidence – such as testimony, photos, and medical records – to decide if a parent has been abusive.

When a court concludes that a parent has been abusive, then they will start with the presumption that the abusive parent should not have custody or visitation with the child. This parent will have to prove to the court that custody or visitation is in the child’s best interests. If there is proof of severe abuse, a court may deny custody and visitation for that parent and may even limit or deny contact.

If a court does grant visitation to an abusive parent, then it must take steps to provide for the safety of both the child and the other parent. This could include an order for supervised visitation only, with the abusive parent required to pay for the costs, a prohibition on overnight visits, or ordering the abusive parent to complete a batterer’s treatment program. If the parent violates these orders or endangers the child, the court may remove their custodial or visitation rights entirely.

In more extreme cases, a court may even terminate an abusive parent’s parental rights. This typically only happens when a parent has been convicted of a serious crime of domestic violence – like murder of the other parent or serious bodily injury – or when the parent continues to abuse a child. As with custody and visitation, a court will analyze the best interests of the child before entering an order on the termination of parental rights.

Because domestic violence can affect a parent’s right to have custody of or even see their child, anyone dealing with this issue must reach out to a Quincy child custody attorney as soon as possible. Whether you are the victim of domestic violence or your ex has made allegations against you, having experienced legal counsel can help to protect your rights – and your child’s best interests.

Get Child Custody and Visitation Help from Infinity Law Group

If there are any allegations of abuse in your relationship with a co-parent, it can have a serious impact on child custody and visitation matters. A judge will consider domestic violence when deciding custody and visitation – and may even prohibit one parent from spending time unsupervised with their kids. A seasoned lawyer will help you prepare for a custody hearing that involves domestic violence – and will present evidence and make arguments on your behalf.

Infinity Law Group represents clients in and around Boston, Needham, and Quincy, Massachusetts on a range of family law matters, including divorce to child custody, child support, and visitation.  We understand that our clients want to protect their children from abuse – as well as from being taken away from them based on spurious allegations. To learn more or to schedule a free consultation with a Boston child custody lawyer, call us at 617-250-8236 or fill out our online contact form.