Domestic Violence and Child Custody

It can have a dreadful effect on a child’s psychological growth to become a victim to domestic abuse and grow up in such a violent and upsetting family environment. The topic of child custody in cases involving domestic abuse is therefore one of considerable significance. Click here to find more about Fort Worth Divorce Lawyer Association are here
In order to protect the rights of children who are vulnerable to domestic abuse, the US Department of Justice puts considerable emphasis on them. In this sense, domestic violence does not generally mean that the child has either seen physical violence or witnessed domestic violence. It can include situations in which the child is simply present during a domestic abuse incident in the home. In a California case known as In re Heather A., 60 Cal., this form of assault is generally referred to as “secondary abuse.” Rptr. Rptr. 2d 315, 322 (Ct. App. 1996) the court found that two children were subjected to domestic violence because of being in the same home as their mother, even though the children were in another section of the house and did not directly experience the assault, the court found that her boyfriend was physically assaulted. Upon discovering that the children were victims of secondary neglect, the two children were removed from the home and made dependent on the court.
Within their family home, parents witnessing domestic violence are at risk of losing custody of their children. These children may be considered dependents of the court, removed from the home, and placed in the social services department’s protective custody. There are many ways in which parents exposed to domestic abuse may protect their children from losing custody. The most relevant of these is to put such a violent relationship to an end.
If you are involved in a relationship that includes domestic abuse and children, you would do well to contact a lawyer in your state to help you learn where you are legally involved in the matter and what options are available to protect you and your children.