If you’re getting divorced as a parent, the first concern you will likely voice to your divorce attorney is child custody. Who will be allowed to spend the most time with your kids and why? When reaching an agreement, the courts will consider many aspects of you and your spouse’s history, from your occupations to your current lifestyles. Of course, if either of you have a history of domestic violence, the charges could easily affect your parental rights. Here are just some of the ways this offense could alter your family’s future.

What Is Domestic Violence?

Whether you are still married, divorced and dating, or have been living with another individual, the violent actions carried out under your roof could be classified as domestic violence. The most serious forms include murder, rape, and physical abuse, but everything from stalking to verbal abuse also fall under this category. In addition to involving actions against a significant other, domestic violence can also occur between an adult and child. 

How Does Domestic Violence Affect Custody of your Children?

If either parent has a documented history of domestic violence—such as if the police have ever been called to the house due to a witness seeing or hearing abuse—their parental rights could be in jeopardy. For example, when coming to a child custody agreement, the judge will look to each parent’s criminal record, and an abusive parent will be considered less fit to be the child’s guardian. As a result, the other parent may be awarded full custody, or your child could be sent into protective services.

In Missouri, domestic abuse includes everything from physical assault—such as pushing or slapping—to peering inside someone windows. Record of these offenses could affect child custody on two levels—legal and physical. Legal child custody refers to a parent’s ability to make decisions on behalf of their minor, such as which doctor or school they should go to. Physical child custody refers to the child’s whereabouts, such as at which house they eat dinner and go to bed. If one parent has a history of abuse, both custody and visitation rights must be awarded in a way that protects the minor and the victim parent, and a divorce attorney can help. Therefore, if your ex-spouse was abusive, they might receive a range of consequences, from limited visitation to a complete termination of physical and legal parental rights.

If you’re hoping to put your child in the best-case scenario, get in touch with The Law Office of Christopher J. Swatosh, a trusted divorce attorney in Ava, MO. He has over 20 years of experience helping clients throughout south-central Missouri handle a wide range of civil cases. Whether you’re going through a divorce, bankruptcy, or wrongful death, contact the office at (417) 683-2987 to schedule an appointment with a divorce attorney.