Domestic violence leaves long-lasting emotional scars that can affect children for the rest of their lives, so family law courts take allegations seriously if custody is in dispute. While a history of violence in the home does not automatically make a parent ineligible for custody or visitation, judges are required to look after the best interests of the children. Understanding how domestic violence can impact your case is crucial for achieving the best possible outcome for your family.

How Does the Court Decide Child Custody?

Under Missouri family law, judges must consider several factors when making their decisions, including previous allegations of domestic abuse. If there was an established pattern of abusive behavior, the court will often award sole custody to the other parent, while giving the alleged perpetrator visitation rights. If they do decide to give custody to the abusive parent, the judge must detail, in writing, why they determined that the arrangement serves the best interests of the children.

What Are the Rights of a Parent With a History of Domestic Violence?

While parents with a history of abusive behavior may not get physical custody, the courts will typically grant a regular schedule of visitation. If the abuse is severe enough, they may require these visits to be supervised by a court-appointed monitor, who will report back to the judge on the interactions between the child and parent.

In the most extreme cases of physical and emotional abuse, the court may terminate an individual’s parental rights entirely. After termination, the parent will have no legal right to visit with their children or participate in decision-making and might be barred from attempting contact.

If you’re involved in a difficult child custody suit, let the award-winning attorneys at Coyne, Cundiff & Hillemann, P.C. represent your interests and tip the scales of justice in your favor. Their accomplished lawyers have been voted one of the top three law firms in St. Charles County, MO, providing effective, compassionate legal counsel in even the most difficult situations. Visit their website to learn more about their child custody and other family law services, and follow their Twitter page for news and updates. To schedule a consultation with a family law attorney, call (636) 561-5599 today.