In all matters of divorce, the children’s welfare always comes first. Therefore, if the children are in danger or their well-being is at risk due to the actions of one of the parents, it could affect custody orders.
Domestic violence is a significant consideration in any custody proceedings. If the court establishes that a parent is abusive towards the other or to the child, they may be limited or denied custody. Here is how things might play out in Alabama.
Will the abusive parent get custody of the children?
When deciding custody cases involving domestic violence, the judge will consider, among other things:
- The child’s safety, as well as that of the non-abusive parent
- The abusive parent’s history of causing harm or reasonable fear of injury or assault to another person
The court may grant visitation rights to the abusive parent if the judge believes that the child and the co-parent will be safe. Some protections may be included in such orders, such as prohibiting overnight stays, ordering supervised visits and exchanges, and ordering the abusive parent not to consume drugs or alcohol 24 hours before and during the visitation.
In extreme cases, the abusive parent will be prevented from accessing or communicating with the children in any way or form.
Dealing with an abusive parent during divorce
If your partner is abusive towards you or the child, it is crucial to act fast before it’s too late. Waiting until the divorce concludes can prove harmful to you or your child.
There are various legal avenues you can use to ensure your safety and that of the children. For instance, you can get restraining orders as divorce proceedings continue. In addition, you can get temporary sole custody orders to protect your child before the judge issues a final decision on everything.