Domestic violence is a very serious matter. The North Carolina Coalition Against Domestic Violence (NCCADV) reports that one in three women and one in four men have personally endured some form of domestic violence. For parents of young kids or teenagers, dealing with the fallout of domestic violence or accusations of domestic violence can be especially challenging.
This raises an important question: How does domestic violence affect child custody? The short answer is that it can have a major impact on a parent’s rights. A parent accused of domestic violence is at risk of losing custody rights. Here, our Charlotte child custody attorney provides a more detailed overview of how domestic violence can affect child custody in North Carolina.
The Standard: Best Interests of the Child Determine Custody in North Carolina
As a starting point, it is crucial to understand that North Carolina’s custody laws prioritize what is best for the child. Under North Carolina law (N.C. Gen. Stat. § 50-13.2), any order for custody must “support the determination of what is in the best interest of the child.” In other words, courts that evaluate child custody cases will emphasize figuring out what type of arrangement is best for the health, well-being, and social development of the child.
Domestic Violence is a Factor Used to Assess a Child’s Best Interests
Courts in North Carolina can evaluate a wide range of different factors to determine what type of arrangement is in the best interests of the child. Notably, any allegation of domestic violence is a relevant statutory factor. Indeed, a history of domestic violence—even without any criminal conviction—can have a major impact on child custody decisions in North Carolina. Courts take any allegations of abuse seriously. A parent’s history of violence can affect their custody or visitation rights. The safety of the child is the top priority. Judges may limit or supervise visits with a parent who poses a risk.
Note: Domestic violence that is not directed at the child can still have a big impact on a child custody case in North Carolina.
How Does Domestic Violence Affect Child Custody? That Depends on the Circumstances
How will an arrest, charges, or allegations of domestic violence impact a child custody case in Charlotte? The answer depends largely on the specific circumstances. There is no one-size-fits-all answer. While domestic violence is always a very serious matter and will always be a relevant factor in a child custody case, the impact will depend on the situation. Here are three factors:
- Nature of Domestic Violence: To be clear, any form of domestic violence is a serious matter. With that being said, the type and severity of domestic violence will always be a relevant factor. As an example, severe physical abuse that results in an injury to the victim is likely to have an immediate (substantial) impact on custody. A family court could put an emergency order in place.
- Conviction or Lack Thereof: A domestic violence allegation is not the same thing as a criminal conviction. A formal conviction of domestic violence can heavily sway custody decisions against the abusive parent. However, the absence of a conviction does not automatically clear a parent of allegations. Quite the contrary, courts will consider all available evidence. A civil protective order—even without a corresponding criminal conviction—can impact a family court’s decision in a child custody case.
- Risk Posed to Child: Finally, the risk posed to the child—both their physical safety and emotional well-being—is always the top priority in custody cases. Exposure to violence can lead to emotional and psychological harm. That is a big issue for courts. Beyond that, the potential for future violence is also a big factor. North Carolina courts can consider whether the (alleged) abusive parent has taken steps to mitigate the risk, such as undergoing counseling or attending anger management classes.
Note: A parent in North Carolina facing an unsubstantiated domestic violence allegation should consult with a family lawyer. Their child custody rights could be at risk.
A Guardian Ad Litem May Be Appointed to Evaluate the Situation
When domestic violence allegations arise during custody disputes in North Carolina, the court has the authority to appoint a guardian ad litem (GAL). To be clear, a GAL is not appointed in every custody dispute in North Carolina. They are generally only used in high-conflict matters where there are allegations of some form of family violence, abuse, or neglect.
A guardian ad litem is a trained professional who represents the best interests of the child throughout the custody case. Among other things, their role includes gathering information about your family, observing interactions between parents and children, and speaking with relevant parties, including the child(ren), parents, and teachers.
At the end of the process, the GAL will report their findings to the court and, when warranted, make recommendations. In other words, a guardian ad litem is a fact-finding in child custody cases that may be appointed when there is a risk of abuse or neglect. Their recommendations are taken very seriously by the court. However, the judge still makes the final decision in a custody dispute.
Domestic Violence and Child Custody is Complicated: Seek Professional Support
Child custody cases are complicated—especially so if domestic violence is an issue. These are serious, highly sensitive cases that should be handled with the utmost level of professionalism, proactively, and care. When asking, “How does domestic violence affect child custody?”, seek legal help. A member of the North Carolina Bar Association, Family Law Section, Jennifer Dixon is a child custody lawyer who is committed to helping parents protect their rights and their children.
We have the knowledge and family law experience that you can rely on. Initial consultations are always strictly private and carry no additional obligations.
Contact Our Charlotte Child Custody Attorney for Immediate Family Law Help
At Remington & Dixon, PLLC, our Charlotte child custody lawyer has the skills and experience that you can depend on. If you have any specific questions or concerns about the impact of domestic violence allegations on a custody case, we can help. Contact us today to set up your completely confidential consultation. With an office in Charlotte, we represent parents in complex child custody cases in Mecklenburg County, Cabarrus County, and Union County.
