Custody & Visitation Standards
Courts generally make custody and visitation decisions based on the best interest of the child. What this specifically means will vary by state, but factors may include:
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gender of child
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age of child
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health of the child
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child’s preference, if old and mature enough to express one
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fitness of each parent
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character and reputation of each parent
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suitability of each parent’s residences
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how long child has been separated from the parent seeking custody
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history of child’s living arrangements
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history of domestic violence
Because many state laws now require judges to consider domestic violence when making custody or visitation decisions, it is important to provide the court with evidence of the domestic violence. Although the rules may vary state by state, consider if you can gather the following evidence to support your domestic violence claim:
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911 records
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police reports
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witnesses who have seen or heard the abuse or its effects (family members, friends, neighbors, pediatricians, school teachers, etc.
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medical records
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protective orders
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physical evidence of violence
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photographs
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injuries
Even if you do not have this type of evidence, your testimony about the history of violence and controlling behavior will be important.
To learn more about custody/visitation laws in your state, visit Womenslaw.org and scroll down to your state.
Learn court tips in domestic violence cases.
Information contained on this website should not be construed as legal advice. Read full disclaimer.