Impact of Domestic Violence
Domestic violence in your home may be an important element of your custody case.
When children are eye witnesses to domestic violence, psychologists' reports and specific medical opinions may be required as verification of the event and its impact upon them.
Allegations of domestic violence in the home may be severe enough to persuade the Court to prohibit a non-custodial parent's visitation with his or her minor children. For instance, if your spouse has an alcohol or drug addiction, we need to know about his or her Public Intoxication or DUI arrests. If your spouse has physically abused you, we need to know about any Emergency Protective Orders you have had to obtain.
People are often embarrassed about allowing physical abuse to go on for years. Please don't be. This is very common. It will help all concerned if you tell the truth in this area. Your lawyer can help you get to the people who can help.
If domestic violence is an issue in your situation, or if you have questions about domestic violence, please click here to visit our web pages that address that situation specifically.
Other Custody Factors
If you or your spouse have been or are under a doctor's care for physical or mental health problems, your lawyer must know this in order to present it to the court in the proper way.
Your lawyer also needs to know the positive information about the roles you and your spouse take as parents. No one is "all good" or "all bad". It is not illegal to have an extremely disagreeable temperament, although there are times we all think it should be.
Finally, there are the children. The court also needs to know all you can tell it about them. The court must award custody and visitation as measured by the best interest of the children, not the best interests, fears or wishes of the parents.
What you and your spouse want to happen with the children is only one of the many factors the court considers. It is important to try to resolve the custody of your children by agreement.
If you or your children are victims of domestic abuse, our family law attorneys can help. Contact the family law section at Waters, Tyler, Scott, Hofmann & Doane -- (812) 949-1114. Weekend and evening appointments available; major credit cards accepted.
