There is no doubt that domestic violence is a very serious issue. A parent’s momentary loss of control can have long-term effects on a family emotionally, psychologically, and legally. This is particularly true for a divorcing couple who may find themselves in a heated debate over child custody and visitation issues. Not only can a history of emotional or physical abuse affect who gets primary custody of your child, but instances of domestic violence can also lead to the modification of an existing child custody order.
Understanding Domestic Violence
Domestic violence goes beyond just physical abuse; it includes emotional/verbal abuse, sexual abuse, and threats to harm others. Virginia defines domestic violence (or, “family abuse”) as an action by a family member involving violence, force, or threats which cause physical injury or reasonable fear of physical injury to an adult or child.
For the purpose of this definition, a family member includes:
- A current or former spouse
- In-laws
- People who share guardianship of a child (even if they live apart)
- Roommates
- People who have cohabited within 1 year of an instance of domestic violence.
Domestic Violence and Child Custody Determinations
Every child custody and visitation order entered by a court considers, first and foremost, the best physical and emotional interests of the child. When determining a child’s best interests, several factors are taken into account, including each parent’s stability, home environment, and ability to form a safe and meaningful relationship with the child.
The Impact of Domestic Violence on Custody
While Virginia courts prefer joint custody arrangements where both parents share physical and legal custody of their child and enjoy frequent visitation, a history of domestic violence can influence a court to deviate from a joint custody plan. This can lead to restricted contact or visitation for the abusive parent. In some cases, a judge may order supervised visitation, or in extreme cases, terminate an abusive parent’s parental rights altogether.
Supervised Visitation
Under a supervised visitation arrangement, an abusive parent is only allowed to visit with their child in the presence and supervision of a court-designated third party. Supervised visits often take place at a neutral location (not either of the parents’ homes).
Supervised visitation is not necessarily a permanent solution. Often, it serves as a stepping stone to unsupervised visitation. Before reaching that stage, the abusive parent will likely need to complete a domestic violence and/or anger management course before a court will permit unsupervised visitation.
Termination of Parental Rights
In cases where a parent’s domestic violence is particularly egregious or habitual, a court may terminate that parent’s rights. Unlike supervised visitation, the termination of parental rights is permanent. This is an extraordinary remedy, reserved for extreme cases such as habitual physical or sexual abuse of a child.
Seek Legal Guidance
If you are concerned that domestic violence may be a factor in your divorce or child custody case, or have any other family law matter, it is crucial to meet with a qualified attorney. The family law attorneys at the DiPietro Family Law Group are experienced with all family law issues in jurisdictions across Northern Virginia, Maryland, and Washington, DC.
Contact us today at (888) 530-4374.
