Domestic Violence and Child Custody
Domestic Violence and Child Custody
Domestic violence is a serious issue that can have a significant impact on child custody cases in Arizona. This can include physical violence, emotional abuse, and sexual assault. In this blog, we will discuss how domestic violence affects child custody cases in Arizona.
Best Interests of the Child
In Arizona, the best interests of the child are always the primary consideration in child custody cases. When one parent has a history of domestic violence, the court will consider this factor when making custody decisions. The court will evaluate the impact of the domestic violence on the child’s physical and emotional well-being, as well as the safety of the child and the non-abusive parent.
Sole Custody
When one parent has a history of domestic violence, there is a legal presumption that the court should award sole custody to the non-abusive parent. This means that the non-abusive parent will have the legal authority to make decisions regarding the child’s upbringing and welfare. This includes decisions as to medical and educational matters.
Restrictions on Parenting Time
When one parent has a history of domestic violence, the court may impose restrictions on parenting time to ensure the safety of the child and the non-abusive parent. The court may order supervised visitation or require the abusive parent to complete a domestic violence treatment program before allowing unsupervised parenting time.
Parental Fitness
When one parent has a history of domestic violence, the court may question their ability to provide a safe and stable environment for the child. The court may consider the abusive parent’s criminal record, history of substance abuse, and mental health when making custody decisions.
Orders of Protection
Orders of protection are legal orders that prohibit an individual from contacting or coming near another person who has been victimized by domestic violence. If the abusive parent has a restraining order against them, it can impact their ability to have parenting time with the child. If the order includes the child as a protected person, the abusive parent may not be able to see the child, or contact the child, for the full duration of the order.
Conclusion
Domestic violence is a serious issue that can have a significant impact on child custody cases in Arizona. If you are involved in a child custody case and have been a victim of domestic violence, it is important to work with an experienced attorney who can help you understand your legal rights and protect your interests. The Sander Law Firm has extensive experience handling domestic violence cases and can help you navigate the legal system with confidence.
