Divorce can be a difficult thing for anyone. However, it is even harder when a person is accused of domestic violence and still wants to see their children. Their have been many cases in which a child has been permanently separated from parents deemed to be abusive by the state. But, there is still hope for those accused of domestic violence to see their children. Here are five things to consider in a child custody case when accused of domestic violence.
1. Courts prefer for children to see both parents
Courts of law in Colorado try their best to make sure children can see both of their parents. Clinical studies have shown that children who have contact with both parents usually fare better in personal achievement. Therefore, courts will try to work with both parents in order to have mutual contact between both both parents and the child.
2. Court action for child custody
If any agreement can be reached between the two parents then the court will typically allow the parents to use their own visitation schedule. Court decisions for custody are usually made when the parents seem incapable of solving the visitation issue on their own.
3. The child has influence in decision making
Children’s wishes are sometimes included within the process of resolution for custody. The court will not take into account the wishes of extremely young children that are unable to talk or express themselves clearly. However, older children can often state a preference.
4. The court rarely takes away all visitation rights
In the interest of the children, courts rarely strip parents of all visitation rights. In situations of extremely dire abuse the Court can take away all visitation rights completely. Contact between children and those accused of abuse is sometimes permitted on a supervised basis.
5. Protective orders are sometimes warranted
Occasionally courts will issue protective orders for those who say they were domestically abused. These orders regulate or prevent contact between a spouse and/or child and their alleged abuser. In cases of custody these protective orders can sometimes be a road block to seeing a child on a consistent basis.
The above article is for general information only. Contact us and consult with an attorney for specifics about your situation.