One of the many barriers that domestic violence survivors face is the concern of what will happen to their children if they leave. Many abusers will make threats of taking the children to keep their victim compliant. However, in many cases, you have options to protect yourself and ensure that your co-parent’s violent behavior is included in the considerations for a custody agreement.
The Sherman Oaks child custody attorneys with Diarian and Bociaga can help you understand your situation and develop a plan that prioritizes your child custody goals.
The Best Interest of the Child Standard
When California courts are creating custody plans, they always do so with the child’s best interest at the center. This typically includes looking at factors such as:
- The primary caregiver
- The current relationship with each parent
- Each parent’s ability to provide a safe home, including looking at evidence of abusive or violent behavior
- Each parent’s willingness to facilitate a safe and healthy relationship between their child and the other parent
- Location and the child’s access to necessary community supports and services
The general rule in most courts is based on research showing that a child has the best outcomes when they can maintain a healthy relationship with both parents. However, research also shows us that many parents who engage in domestic violence, particularly when their kids are present, are less likely to maintain a safe and healthy relationship.
Evidence of Domestic Violence in a California Custody Case
As with any accusation in court, you must provide support for your claim that your child’s other parent perpetrated violence against you, them, or animals in the home. However, we can help you gather this evidence in several formats. These often include:
- Photos of injuries
- Text messages/e-mails/voicemails they have left
- Medical records
- Police reports
- Witness statements
Additionally, you may be able to use current or previous protective orders to support your case.
Important Considerations in a Custody Case That Involves Domestic Violence
We know that women are often at the highest risk of homicide in the 18 months after leaving an abusive partner and that children experience violence in 30%-60% of cases. This can make it very tempting to simply pack and go at the first chance you have. However, when children are involved, we cannot downplay the importance of speaking with an attorney first.
Should you simply leave with your children, it may damage your legal case by looking like custodial interference, parental alienation, or appearing that you are unwilling to cooperate with your child’s other parent. Without a proper procedure, the courts will not know that you are running for safety, and not out of malice or pettiness.
By contacting an attorney with Diaran and Bociaga, we can work with you to develop a plan to best protect you and your children during your custody case. Whether that is physically by requesting a restraining order, or legally with a strategy to provide convincing evidence of the danger your co-parent poses.