| What would be the effect of a domestic violence | | | | The amount of time lapsed since the crime was |
| accusation upon that parent's child custody rights | | | | committed is probably the most powerful element |
| after a divorce? All child custody laws' primary | | | | that parent has to defend him or herself. The more |
| concern is the child's best interests. At the top of the | | | | time has lapsed since the crime or the accusation, the |
| child's best interests as defined by law are: the child's | | | | less weight the presumption will have. The effect of |
| health, safety and welfare. A parent who has been | | | | the presumption will significantly lessen if the crime |
| engaged in or been prosecuted of domestic violence | | | | was committed more that five years ago. Less than |
| has a very high risk of losing the relationship with his | | | | five years will not be of any help for the perpetrator. |
| or her minor children. In some states, the law | | | | Another element that the perpetrator might bring up |
| purposefully restricts or denies the perpetrator's | | | | to win a child custody fight is a certification of having |
| rights to visit or spend time with his or her children | | | | attended an anger management class or any |
| because of the past violent behavior. If you have | | | | document showing he or she has undergone long and |
| been battered, assaulted, threatened, stalked or | | | | intensive psychological treatment. Anger management |
| verbally or emotionally abused by your spouse you | | | | classes are usually ordered as part of the sentencing |
| have all the best chances to win a child custody | | | | of a person convicted of a domestic violence crime. |
| battle. You have the right to request and most | | | | Other factors to be considered by a court when |
| probably obtain a restraining order banning your | | | | awarding child custody or visitation rights in a divorce |
| ex-spouse from approaching your children. | | | | proceeding based on domestic violence would be: the |
| Family laws in most states establish a detrimental | | | | type of violence the parent was found to have |
| presumption upon the parent accused or convicted | | | | perpetrated, if a mortal weapon was used, the bodily |
| of a domestic violence case. This legal presumption | | | | damages caused to the victim, the frequency of that |
| forces the court to assume that the domestic | | | | type of behavior, the probabilities that behavior could |
| violence perpetrator should be refused child custody | | | | be repeated towards the children and the present |
| and visitation rights. This places the accused or | | | | mental condition of the perpetrator. The children's |
| convicted parent in a defensive position in a child | | | | and the ex-spouse's preference can also be taken |
| custody case. The parent charged with a domestic | | | | into account. The past and present bonding existent |
| violent crime is less probable to win a child custody | | | | between the perpetrator and the children could be |
| court fight. To earn any custody or visitation rights | | | | brought up to the court's attention. If this evidence |
| that parent must destroy the legal presumption | | | | turns to be favorable to the perpetrator, he or she |
| created against him or her. That parent must rebut | | | | might decrease or invalidate the effect of the legal |
| the premise that he or she is incapable of providing | | | | presumption, thus increasing the changes of getting |
| for the health, safety and welfare of the children. | | | | limited custody or supervised visitation rights. As a |
| To rebut the legal presumption that a parent charged | | | | victim of a domestic violence crime seeking for the |
| with a domestic violent crime should not be entitled | | | | custody of your children you now know what sort |
| the right to relate to his or her children, the petitioner | | | | of defenses your ex-spouse may raise to fight back |
| must bring into court significant evidence of his or her | | | | your petition. |
| capacity to provide for the child's bests interests. | | | | |