The court is bound to determine all child custody arrangements under what would be in the best interests of the child. This standard permits the court to examine every piece of evidence that is relevant to the interests of the child. The best interests include spiritual, emotional, intellectual, and physical well-being. This standard all but requires the court to consider domestic violence charges and restraining orders.
All states follow that standard however how that standard is judged varies from jurisdiction to jurisdiction. Some states include specific factors that the court must consider during deliberations. Other states do not have any enumerated factors. A lawyer can walk you through the details in your particular jurisdiction.
Regardless of the status of the law, the court will undoubtedly believe that the presence of a domestic violence charge is serious and impacts the best interests of the child, which means that you need to begin preparing for that eventuality before you go to court. The presence of a charge does not mean you automatically lose; the court will examine the circumstances that lead to the charge. If the charge is baseless, then you can make your arguments.
Domestic violence allegations can seriously impact the judge’s decision either during a modification hearing or the initial child custody arrangement. If you are dealing with a domestic violence charge, then you should call a lawyer at your earliest opportunity. A lawyer can review the specifics of your situation and give you a rundown on the state of the law in your area.
You don’t want to walk into court without anticipating how the court will react. A lawyer can help you prepare a legal strategy to address the allegation. You don’t need to handle this dispute on your own.