22 Oct How Domestic Violence Affects Child Custody Cases
When a relationship ends and children are involved, determining custody is one of the most emotional and complex challenges you will face. This process becomes even more difficult when domestic violence is a factor. Your primary concern is your child’s safety and well-being, and Washington State law shares this priority.
Understanding how courts view domestic violence in custody decisions is essential for navigating this difficult time. This knowledge can empower you to protect your children and advocate for their best interests effectively. Read on to learn how domestic violence affects child custody cases in Washington.
The Court’s Main Priority: The Child’s Best Interest
In any custody case, a Washington court’s primary goal is to create a parenting plan that serves the child’s best interests. Judges consider many factors to determine what arrangement will best support a child’s physical, mental, and emotional health. These factors are outlined in the Revised Code of Washington (RCW) 26.09.191.
When domestic violence is present, the court’s focus intensifies on protecting the child from harm. The law recognizes that exposure to domestic violence, whether direct or indirect, is detrimental to a child’s development and safety.
What Constitutes Domestic Violence in Washington?
Washington State law defines domestic violence to include more than just physical harm. The definition encompasses many dangerous, abusive behaviors that can happen between family or household members, including these:
- Physical harm: acts that cause bodily injury or pain
- Assault: actions that cause a person to fear imminent physical harm
- Sexual assault: any non-consensual sexual act
- Stalking: a pattern of intrusive or harassing behavior that causes fear
Importantly, even if a child was not physically harmed, a parent’s abusive behavior toward another family member is still considered domestic violence.
Placing Restrictions on a Parent’s Residential Time
Washington law presumes that placing restrictions on a parent’s contact with their child is necessary when that parent has a history of domestic violence. This is a critical legal standard. It means the court starts with the assumption that the abusive parent’s time with the child should be limited to protect the child.
How Courts Establish a History of Domestic Violence
A “history of domestic violence” can be established in several ways. The court might find a history if a parent has done any of the following:
- been found guilty of a crime involving domestic violence
- had a civil protection order issued against them after a full hearing
- engaged in a single severe act of violence or a pattern of abusive behavior
Types of Restrictions the Court Can Impose
If a court finds a history of domestic violence, it may impose restrictions on the abusive parent’s residential time. These restrictions are designed to protect the child and the other parent. They can include the measures outlined below.
For contact to be allowed, the parent with a history of domestic violence must prove that contact with the child is in the child’s best interest and that they do not pose a threat.
Supervised Visitation
The abusive parent can see the child only under the supervision of another adult or at a professional agency.
Exchanging the Child in a Protected Setting
The court can order that child exchanges happen at a police station or other neutral, safe location to prevent contact between the parents.
Suspended Contact
In severe cases, the court might suspend all contact between the abusive parent and the child for a period.
Treatment Requirements
The parent may be ordered to complete a state-certified domestic violence batterer’s treatment program before unsupervised visitation is considered.
Restraining Orders
The court can issue orders that prohibit the parent from coming near the other parent or the child’s home, school, or daycare.
How Mutual Decisions and Relocation Are Handled
Domestic violence also impacts a parent’s decision-making authority and ability to relocate with the child.
Restrictions on Joint Decision-Making
Parenting plans usually outline how major decisions about the child’s life will be made, covering areas like education, non-emergency healthcare, and religious upbringing. In most cases, parents share this responsibility.
However, if one parent has a history of domestic violence, the court can limit their role in making these decisions. The judge may give the non-abusive parent the sole authority to make decisions. This is to prevent the abusive parent from using the decision-making process to continue exerting control or causing conflict.
Impact on Relocation
Washington has specific laws governing a parent’s ability to relocate with their child. When a parent with a history of domestic violence seeks to prevent the other parent from moving, courts look closely at their motives. The law aims to prevent an abuser from using the legal system to harass or control their former partner.
Similarly, if the non-abusive parent needs to relocate to escape the abuse and create a safe environment for the child, courts will consider this a compelling reason in favor of the move.
Navigating Your Custody Case
If you are dealing with a child custody case involving domestic violence, the process can feel understandably overwhelming. Presenting your case effectively is crucial for protecting your child.
On your end, that means documenting instances of abuse, seeking protection orders, and gathering evidence like police reports, medical records, and witness testimonies. It also means working with an experienced legal professional.
A child custody attorney can help you understand your rights, navigate the court system, and present evidence in a way that clearly demonstrates the need for protections. They can advocate for a parenting plan that prioritizes your child’s safety above all else.
Get Help From LaCoste Family Law
At our firm, we understand how domestic violence affects child custody cases and how it casts a long shadow over a family’s life. We also know that Washington’s legal system provides tools to protect children, and we can leverage these tools to achieve the best, safest outcome for your case.
Schedule a consultation with our Washington child custody attorney today. When you partner with LaCoste Family Law, you will receive the professional support you need to build a law-backed parenting plan that ensures your child’s safety and well-being. Let us stand by your side and defend your rights.