When making a child custody order, the judge will consider a number of different factors, all of which impact the best interest of a child. Among these factors are a history of family violence, abuse, neglect, substance abuse, and criminal activity by either parent. If one parent has been convicted on a domestic violence charge, for instance, then this fact may impact the court’s child custody order. This is particularly the case if the parent committed the crime against the other parent, and/or if the child was present during the violence that occurred.
However, it is important to remember that allegations of family violence commonly arise in child custody cases, and that these allegations are not always true. In these types of “he said, she said” cases, it can be difficult to determine whether any abuse, violence, or criminal activity actually occurred. In other cases, both parents participated in or contributed to the family violence, which also can adversely affect a custody determination. The bottom line is that it is often difficult to get to the bottom of allegations of family violence in order to determine what is true and what is not. This can be a very hard, if not impossible, task for the judge who must make a custody determination.
If you are in a situation in which family violence has occurred, you need a strong advocate who can gather the evidence necessary to support your claims of violence and effectively present that evidence to the court. This will allow the court to more easily get to the truth of the matter and make a custody determination that is truly in your child’s best interest.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.