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How Does Domestic Violence Affect Child Custody in Kentucky? January 21, 2019

London, Laurel
How Does Domestic Violence Affect Child Custody in Kentucky?, London, Kentucky

Custody lawyers must often remind clients that the court’s primary concern when awarding custody is the child’s best interests. In an attempt to protect each child’s physical health, emotional well-being, and general safety, family law judges will consider all kinds of factors, including each parent’s history of domestic violence (DV). If either has a record, it will undoubtedly affect the outcome of the case. 

Visitation

custody lawyerThose who have a history of domestic violence are unlikely to be awarded physical or legal custody in the state of Kentucky. Depending on the circumstances, though, they may be entitled to visitation. In most cases, family law judges believe it is in a child’s best interests to maintain a relationship with both parents. However, to protect the child’s safety, they may impose restrictions on the arrangement. For example, they might order all visits to be supervised and all custody exchanges to happen in a public place. If the parent completes an approved rehabilitative program, though, it may be possible to modify such an arrangement with the help of a custody lawyer. 

Parental Rights

In certain scenarios, Kentucky courts can use evidence of domestic violence to terminate parental rights. For example, a family law judge might terminate such rights if there is sufficient proof that the parent inflicted serious physical injury to any child. The termination of parental rights is rare in custody cases, though, and the circumstances must be fairly severe to warrant such an outcome. 

 

If you need a custody lawyer in the Bluegrass State, turn to Hodge Law Firm. With offices in London and McKee, this firm helps clients throughout eastern Kentucky resolve complicated legal disputes. Whether you need assistance with trial preparation, civil litigation, Social Security claims, estate planning, or personal injury law, you can count on their attorneys for expert guidance every step of the way. Visit their website to view all the services they provide, or call (606) 864-3004 to schedule a consultation with a custody lawyer on their team.  

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