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Child custody and domestic violence allegations

On Behalf of | Aug 23, 2021 | Family Law |

Relationships end for many reasons; however, some marriages come to a halt because of abuse. These are very difficult and emotional matters, as domestic violence allegations can bring about many complexities to the divorce process. When children are involved, this can bring additional complications when it comes to establishing child custody and ensuring safety to those involved.

Domestic violence allegations

When the mother accuses the other parent of domestic abuse, they do so in order to end the abuse and to take action to protect themselves and the children involved. However, these situations often play out differently in the courtroom. Studies have found that when mother accuse the father of abuse, they are considered to be the less cooperative parent in child custody matters. This is because their focus is on safety and not facilitating the relationship between the child and father. So, this often translate to the mother losing their custody battle because of the abuse allegations they raised.

In a recent study, researcher looked at 200 cases in which the mother alleged child sexual abuse by the father of the child. Just 15% of these cases resulted in the court siding with the mother. The study also looked at cases where the mothers asserted domestic violence. In the 1,137 cases looked at, only 517 cases had these claims validated.

Child custody battles

When domestic violence or child sexual assault or abuse is asserted, it is likely that a lengthy process with ensue. Oftentimes, it is the mother that is left taking drastic measures to protect their children from the allegedly abusive father. Researchers have also found that Child Protective Service workers have been trained to scrutinize abuse allegations during a custody battle, telling them the flag the claims they deem to be fishy. This alone can create issues for a parent advocating for herself and children when it comes to ending abuse and protecting their child from future instances.

When domestic violence is intertwined with divorce and child custody matters, this can bring about many complications. Women in these situations may feel as though the system is working against them. It is important that one gains insight and information regarding their situation, as this could help them take proper action to ensure their rights are protected and the best interests of the child are met.