How Does Domestic Violence Affect Child Custody Decisions?

Courts today lean toward shared custody in most divorces. It is the consensus of experts that kids do better when they have ready access to both parents, and both parents feel they have a stake in the child's upbringing.

At the same time, Nebraska courts do not want to grant custody to a known abuser. Parents who are known to be abusive, and known to be a danger to family members, are not usually granted custody.

First Know How Custody Proceedings Work

Courts are obliged to consider numerous factors in custody hearings:

  • What is the child's relationship with each parent like?
  • If the child is old enough to make such a decision, what does he or she want?

But if the child is likely to be subjected to abuse, that parent's chances of being granted custody are diminished. Evidence of abuse of any kind against any member of the household can be considered in custody decisions.

Domestic Violence May Jeopardize Custody

The problem is made even more complicated when domestic abuse is in dispute. Most domestic violence charges and most restraining order issues arise from true events. But sometimes domestic violence is used less as a shield to protect the family, and more as a sword to harm the accused parent.

At Reisinger Booth & Associates, our lawyers represent both sides in domestic violence/child custody — because both parties usually have a legitimate point of view. We are opposed to both family violence and dishonest efforts to tip the balance in custody hearings.

Receive A Case Evaluation From An Established Family Law Firm

Your story and situation are unique. Whether you reside in Omaha or a surrounding county, we are here to help. Call our attorneys for a free, no-obligation case evaluation at 402-983-8213 or send us a message. We seek solutions that address both your wishes and your child's best interests.

Se habla español.