How Domestic Violence Affects Custody Decisions in Virginia, VA
Protecting your child and your rights as a parent in Virginia child custody disputes can be difficult, even under the best of circumstances. When domestic violence is an issue, the stakes are even higher. In Virginia, the safety and well-being of the child are the court’s top priority. Any allegations of domestic abuse can significantly impact the outcome of your child custody case.
Our Virginia custody lawyer provides clear, compassionate legal guidance to parents navigating this complex issue. Whether you are seeking to protect your child from an abusive parent or defending against an unfair accusation, knowing how domestic violence affects custody rights in Virginia is critical.
Virginia Child Custody Disputes: When Domestic Violence Is A Factor
When parents get divorced or are otherwise not together, the top priority of the court in Virginia child custody proceedings is protecting the best interests of the child, as outlined under the Virginia Code. One of the factors courts must consider is any history of family abuse or criminal convictions involving violence.
If a parent is accused of any type of neglect or abuse, which includes physical violence, threats, emotional abuse, or sexual assault against another family or household member, this can weigh heavily against them in child custody proceedings. The court may:
- Deny joint custody and grant sole custody to the non-abusive parent;
- Limit or supervise the abusive parent’s visitation;
- Order counseling, parenting classes, or other conditions before granting access;
- Require protective orders to ensure the child’s and the other parent’s safety.
A protective order issued through the Virginia Juvenile and Domestic Relations District Court can also trigger a temporary change in custody or visitation while a longer-term plan is determined. The judge will carefully examine the nature, severity, and timing of the alleged abuse, along with whether the abusive behavior poses a continuing risk to the child.
How To Protect Your Children from Domestic Violence In Virginia Custody Proceedings
Domestic violence doesn’t just affect the adults involved. It can have devastating effects on your children as well. The Virginia Family Court takes these allegations seriously, particularly when it comes to determining custody and visitation.
If you face child custody proceedings in Virginia and domestic violence is an issue, take the following steps to protect your rights as a parent and your child’s safety:
- Document all incidents of domestic violence or abuse in your relationship.
- Gather evidence, including medical records, police reports, and witness testimony.
- Document how the situation has impacted your child.
- Get trusted legal help in pursuing a protective order.
Contact Our Experienced Virginia Child Custody Lawyer Today
Domestic violence in Virginia has a devastating impact on families. At Schwartz Kalina, PLLC, we provide the caring support and strong legal representation you need to protect your child’s safety and your parental rights. To create a safer future for your family, call or contact us online today to schedule a consultation with our experienced Virginia family attorneys.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/
loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou
