Gaining Custody & Visitation Rights After a Domestic Violence Conviction
Posted on Feb 22, 2010 9:00am PST
Once a person has been convicted of
domestic violence or abuse, it is usually very difficult to get
custody or visitation rights-difficult, but not impossible. The key to winning back your rights
is by establishing that spending time with you is in the child's best
interest.
As with any issue involving children, the judge's main concern is protecting
the child's best interests. Right now the judge considers you a threat
to the child's welfare and wellbeing. But if you can prove that you've
changed and that it would benefit your child to see and spend time with
you, may be able to convince the judge to award you limited custody and
visitation rights. This might include short visits with your children in public places
or supervised visitation.
What You Can Do
A history of violence or abuse is something judges look for whenever they
are considering a child custody and visitation arrangement. Those parents
without a history of violent behavior will be given more rights to their
children than those who have a history of abuse. That's not to say
a domestic violence arrest will squash a parent's chances of obtaining
custody or visitation, it's just that the judge may choose to only
grant limited access to the children.
If your child's other parent has been awarded custody or visitation,
and you think his or her abusive behavior makes them a threat to the child,
you can ask the judge to reduce their rights or order supervised visits
only. Judges are often willing to award supervised visitation, as children
benefit from having relationships with both parents. There are times,
however, when the abuse is so bad the child must have no contact with
the parent.
Contact Us Today
If you have a question about your custody or visitation rights, or if you
are trying to protect your child from an abusive parent, a
Jacksonville family law attorney at Hutchinson Law can help. To schedule a consultation to discuss your
case, click here to
fill out a case evaluation form or simply call the office.