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How Can Domestic Violence Affect Custody Proceedings? January 17, 2019

Downtown Lincoln, Lincoln
How Can Domestic Violence Affect Custody Proceedings?, Lincoln, Nebraska

Family law judges consider many factors when determining child custody. Examples include each parent’s education, earning capacity, mental health, physical wellbeing, and relationship with the children. If there is any evidence of either party committing domestic violence (DV), that will play a role in the proceedings, as well. If you're worried about the safety of your child at the hands of your spouse, seek out a child custody attorney who can argue why they shouldn't be granted visitation. Here's what parents in Nebraska should know about DV and how it can impact family law proceedings. 

How DV Can Influence Custody

child custody lawyerFamily law judges take all instances of DV into account, including those that were not committed against the child. If the parent had an altercation with a romantic partner, for example, it could still prevent him or her from getting custody. Your child custody attorney may present evidence in the form of pictures, emails, or bring forth witnesses who can speak to the abuse. Since it is in most children’s best interests to maintain some kind of relationship with both parents, though, the judge might grant supervised visitation. Depending on the circumstances, it may also be possible for the parent to get unsupervised visitation by completing a court-approved therapy program.

How DV Can Affect Parental Rights 

In severe cases, those who have a history of domestic violence can lose their parental rights. That means in addition to losing out on physical and legal custody, they will not be awarded visitation and will be unable to play any kind of role whatsoever in the child’s life. Scenarios that warrant the termination of parental rights are rare, but they can happen from time to time. 
 

If you’re facing a contentious custody battle, turn to a child custody attorney at Reagan, Melton & Delaney, LLP. With offices in Lincoln and Omaha, they are proud to represent clients throughout southeast Nebraska. These local attorneys have 125 years of combined experience practicing law in a variety of areas, including criminal defense, personal injury law, business litigation, and probate law. To learn more about the unparalleled counsel they provide, visit their website. To schedule an initial consultation with a child custody attorney in Lincoln, call (402) 476-6585.