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Domestic violence allegations in child custody disputes: work with experienced advocate

Domestic violence is a serious, ongoing problem everywhere in the United States. Like drunk and distracted driving, it seems that states are continually looking for more effective ways to address the problem, using whatever means available.

One of the many details that have emerged following the tragic shooting in San Bernardino is that the man responsible for the attack himself grew up in a home where domestic violence was a common occurrence. According to court records from his mother’s 2006 divorce filing, the man’s father was an alcoholic who frequently abused his wife. Eventually, she filed for legal separation and obtained sole custody of the couple’s daughter, who was still a minor at the time. 

Domestic violence is certainly an important issue when it comes to custody disputes. When there has been violence, abusive treatment, or any kind of unstable behavior in a household, judges do take it seriously when weighing the various factors relating to the best interests of the children. When a party to a custody dispute has been abused by the other party, it is critical to let the court know so that it can be appropriately taken into consideration. Obviously, the more serious the violence and abuse, the more serious an issue it is, but any degree of violence is unfavorable for the accused party.

Those who are accused of domestic violence in the midst of a child custody dispute certainly have the right to provide the court with all the relevant factors in the case. Sometimes, of course, what is alleged to be clear-cut evidence of an aggressive partner isn’t so clear when it is examined in light of all the details of the incident or incidents. Having an experienced attorney at one’s side is, therefore, important for both accusers and the accused, to ensure the court is able to consider all relevant facts when making a child custody determination.

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