The Impact of Domestic Violence on Child Custody Determinations: Protecting Children

One of, if not the most vital considerations in child custody determinations is the safety and well-being of the child. Domestic violence encompasses many forms of abuse including physical, sexual, emotional, and financial, occurring between intimate partners or within a household. When domestic violence becomes a factor in a family law case, it can significantly influence decisions, especially where child custody is concerned. However, Pennsylvania courts prioritize the safety of any children involved above anything else, aiming to place children in environments that foster safety, security, and healthy development. 

If you or a loved one are facing a child custody determination, the experienced child custody lawyers in Philadelphia at Cooper Family Law stands ready to assist. We offer comprehensive, high-quality support backed by over 50 years of combined experience from four convenient locations across Greater Philadelphia. Whether you need a protection from abuse order, need to challenge a protection from abuse order, or something else entirely, our team is ready to guide you through the process. For more information, visit our helpful resource outlining PA custody laws.

Factors Considered in Child Custody Determinations

When determining child custody arrangements in cases involving domestic violence, Pennsylvania courts heavily weigh five key factors:

1. The safety of the child and the custodial parent. Any history of domestic violence, including police reports, protection from abuse orders, restraining orders, and witness testimony will be examined thoroughly.
2. The child’s best interests. This includes factors such as the child’s relationship with each parent, their unique physical and emotional needs, and their adjustment to their home, school, and community.
3. The perpetrator’s rehabilitation efforts. Courts may consider a domestic violence perpetrator’s willingness to acknowledge, take accountability for, and address their abusive behavior such as seeking counseling and anger management programs.
4. Protective measures. Courts have a lot of latitude in assigning custody, and generally try to avoid cutting off contact between a parent and a child when necessary. As such, courts may implement protective measures such as supervised visitation or a neutral third-party facilitating exchanges to ensure the safety of the child and the custodial parent.
5. Parenting ability. Domestic violence can significantly impact a parent’s ability to provide a safe and nurturing environment for their child. The court will assess each parent’s ability to promote the child’s well-being and protect them from harm.

Protecting Children in Custody Proceedings

When domestic violence is at play, it’s critical for parents and their legal counsel to prioritize the safety and well-being of any children involved. This includes:

1. Seeking legal assistance. Consulting with a family law attorney who is experienced in handling domestic violence cases is essential, as they can provide guidance on legal action, help obtain protective orders, and advocate relentlessly for the safety of the child.
2. Documenting domestic violence. Keeping detailed records of any instances of domestic violence can strengthen your case in court.
3. Developing a safety plan. It’s advisable to develop a safety plan for your child and yourself in case of emergency situations. This includes establishing a support network of trusted family and friends and identifying safe places to go.
4. Seeking child counseling. Enrolling the child in therapy or counseling can help them process and cope with the trauma of witnessing domestic violence, allowing them the opportunity to express their feelings in a safe environment.
5. Following court orders. It’s vital to comply with court orders as they relate to custody and visitation, while also ensuring your safety and your child’s safety. If you have concerns about the other parent’s behavior, you should immediately report it to your attorney and the court.

Cooper Family Law: Experienced Family Law Attorneys Ready to Stand By Your Side

Trust Cooper Family Law for all of your family law needs. We pride ourselves on providing comprehensive, client-centric services, driven by 50 years of collective experience, empathy, and compassion. We proudly serve the people of Greater Philadelphia, with four accessible locations. Contact us today!