The Impact of Domestic Violence on Child Custody

When a married couple with children files for divorce, the court must determine how to allot custody and parenting time. But if incidences of domestic violence have occurred in the relationship, a 54-year-old state law will guide the court on how to award parents time with their kids.

Domestic Violence in Michigan

In Michigan, domestic violence is defined as abuse committed by an individual to control their partner. The victim can be a spouse or former spouse, a current or former girlfriend or boyfriend, a parent of their child, or a current or former resident of the same home.

Domestic violence encompasses a broad range of abuse. One such type, dubbed as physical abuse, may involve pushing, kicking, slapping, and strangling, as well as using a weapon, throwing objects, and locking the person out of the home.

Domestic violence also includes sexual abuse — forcing the other person to have sex, perform or watch sex acts, or dress sexually. Some forms of emotional, psychological, and financial abuse may constitute domestic violence as well.

Thousands Abused Every Year

The Michigan State Police Criminal Justice Information Center put out a 2022 Crime in Michigan Annual Report. It shows that 64,545 domestic violence incidents happened that year, with women accounting for 70% of the victims.

In Michigan, physical domestic violence is a misdemeanor crime carrying up to 93 days in jail, a $500 fine, or both for the first conviction. The punishment for aggravated domestic assault is much harsher.

How Does Domestic Violence Impact Custody?

For the parent who engaged in the abuse, the ramifications can be serious and may affect the custody decision. The parent may be convicted of a crime, which will mean a criminal court case and possibly a restraining order. A conviction could cause them to lose their job and have difficulty obtaining employment and housing.

When tackling custody decisions, the court weighs what’s best for the child. To do so, it must consider 12 factors established by the Child Custody Act of 1970. The factors address nearly every aspect of parenting, including whether the parents can meet their child’s basic and emotional needs.

Two of these factors directly apply to domestic violence: the moral fitness of the parents and whether the child was the victim or witness of domestic violence. Even though it directly references the concept, the act does not define domestic violence.

The act does limit the court in awarding custody to a parent convicted of sexual assault against the child, a sibling, or the other parent. However, it will still consider awarding parenting time, according to “Domestic Violence and Children’s Best Interests,” an article published on the State Bar of Michigan’s website.

For the court to limit or deny custody, the evidence must strongly demonstrate that the child will be at risk emotionally, mentally, and physically with the parent.

Significant Impacts

The impact of domestic violence on custody and parenting time can be significant. The parent accused of abuse may be awarded limited visitation, supervised visitation, or no parenting time at all. But in most cases, it’s up to how the court evaluates each of the 12 factors.

Does Your Divorce Involve Domestic Violence?

If you’re going through a divorce and domestic violence is involved, call Gucciardo Family Law for a consultation with a skilled family law lawyer.