Charges of domestic violence are taken seriously in the state of Kentucky, particularly when there are children involved. In cases of divorce and child custody, judges carefully consider these charges before making a decision. It’s important to know, however, that such charges are not always grounds for the termination of parental rights. As such, it is essential to work closely with a custody and divorce attorney who can fight to ensure the final decision is in your child’s best interests.

Kentucky’s Domestic Violence Laws

Kentucky defines domestic violence as any violence between family members and people living in the same household, including unmarried couples. Acts—such as intentional physical injury, sexual abuse, assault, and threats of harm by someone in the household—are all considered domestic violence. In child custody cases, Kentucky courts are required to factor any evidence and charges of domestic violence into their decision, and a divorce attorney can help you secure a positive outcome.

How Domestic Violence Affects Child Custody

Even if the child has never been abused, simply witnessing the abuse of one parent by the other can be traumatic and have long-term consequences. Any charges of domestic violence must be reported to the court in a child custody case, after which a judge might order an investigation to gather more facts and evidence. The results of such investigations might be withheld to protect the child’s emotional well-being.

When determining custody, a judge will consider how the domestic violence has impacted the child and their physical, mental, and emotional health. If the judge feels the abuse has endangered the child in any way, they can limit custody or terminate parental rights altogether. If visitation rights are granted, they might order supervised visitations by a third party or agency and even require custody exchanges to happen in safe, public locations rather than at a private residence.

Child custody cases and divorce are never easy, but they’re made much more stressful and complex when domestic violence is involved. To better understand your rights in these situations, it’s highly advised to work with an experienced child custody and divorce attorney. The attorneys at Hensley Law Office in Flatwoods, KY, have a deep understanding of family law and the ways abuse can impact child custody decisions. Their compassionate lawyers will work diligently to secure the best outcome for you and your child. Follow them on Facebook for additional tips and advice, or call their law office at (606) 836-3117 to schedule a free consultation with one of their divorce attorneys.