Child Custody With Domestic Violence

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Cases pertaining to child custody with domestic violence usually involve children who have developmental and psychological problems. A child living in a stressful home environment with a parent that is physically and psychologically abusive experiences anxiety, fear, a constant state of alertness, despair, and will often suffer with nightmares. In addition, physical symptoms may appear such as headaches, asthma, indigestion, insomnia, back pain, restless sleep, and chronic pain. The adult who is subjected to the abuse will suffer from physical and psychological problems as well. A parent who decides to fight against the abuser from having custody of the child will need to be in counseling along with the minor. One should seek God and ask for strength to be able to hold up to child custody with domestic violence for the minor's welfare. The Lord tells us in His Word that the battle belongs to Him and that He fights for us. "And he said, Hearken ye, all Judah, and ye inhabitants of Jerusalem, and thou king Jehoshaphat, Thus saith the LORD unto you, Be not afraid nor dismayed by reason of this great multitude; for the battle is not yours, but God's" (2 Chronicles 20:15).

Domestic abuse victims often exhibit the same type of characteristics. They may have a poor self-image and be confused about their own needs. They are afraid to make any decisions or try to protect themselves from the abuse. A minor living in a state of violent abuse may believe that he or she deserves and is responsible for the abuse. The victims want the abuse to end but may have become emotionally dependent upon it. When confronted with the possibility of being free of the abuse through child custody with domestic violence he or she may not truly believe that freedom is possible especially if the mistreatment has gone on for an extended period of time.

Money, children, and work are all factors found to be associated with domestic violence. A parent may feel overwhelmed because there is just not enough of money to take care of a home especially when there are minors involved. Stress may be ongoing with work and he or she may have been a victim of someone who was an abuser while growing up. The answers may be non-existent and the support is nowhere to be found. Perhaps the other parent does not help very much and so the abuser becomes angry and controlling. No matter what the reason for the onset of violence a case involving child custody with domestic violence will be judged before the court. The judge will have to determine if complaints of abuse are founded. If they are then the abuser will not be awarded custody in most cases. Each case is different but surely the court would not grant that a minor be in the vicinity with one who has been determined to exhibit violent behavior.

Sources can be found on the Internet for those who are seeking for help against domestic abuse. Child custody with domestic violence may spur the court to provide a support system for the victims and counseling for the accused. Women who are in the process of trying to get a divorce and custody of a minor might be able to get into a shelter for battered women. A woman who is trying to get help may want to find out how she can qualify for childcare assistance so that she can find a job and show the court she can support the minor. She will have a much better chance of gaining custody if there is proof of employment. Even if the income is small a woman can get assistance by applying for food stamps and housing assistance. Checking into the assistance programs that are available is something a woman can do while the custody battle is in process or even before it goes to court.

Developing a safety plan is the best way to prepare for leaving an abusive spouse. The victim will want to share her situation with people who care about her well-being such as family, friends, neighbors, and even co-workers. Then contacting one of the hotline numbers can provide additional information on help that may be available. The victim will need to have a plan on where to go in case of an emergency or crisis. The safety of the children is the most important thing so the plan should include a way to get them to safety. A case involving child custody with domestic violence will be explicit about keeping the minor's safe. If the abused parent cannot guarantee their safety then the court will find a place where they will be safe.

Being a victim of domestic violence is scary. The person who is being brutalized may be too afraid to do something about the crime being committed against her. Some of the places that victims can seek help include the police department, church, emergency shelters, domestic violence agencies, friends, family, and neighbors. If a parent has done everything she can possibly do to keep her children safe then this will look much better for her regarding a case for child custody with domestic violence. The abused parent will have a much better chance of gaining custody of the minor.

Violence against another person can be physically, sexually, psychologically, and emotionally abusive. A case for child custody with domestic violence is not just based upon physical violence but physical abuse is much easier to prove than emotional abuse. Nonetheless anyone who is being abused with the threat of violence or being intimidated by another so that they can have control over them is a victim of abuse. Degrading and humiliating others, threatening others, criticizing and isolating others are all actions associated with domestic violence. The scope of the problem is worldwide and women are the victims in the majority of the cases.

Child Custody Trial Tips

Child custody trial tips are important for parents who are trying to gain custody of the children during a divorce. The facts are what an attorney will want to know first. You will need to write down what caused the problems and ultimately the breakup. If the other partner was unfaithful and that is the main reason for divorce then the attorney needs to know that. Child custody trial tips can give one a strategy that shows the court that he or she is sincere about wanting what is best for the kids. The judge will want to see that you love the children and put them first even above your own desires. Co-parenting is a popular resolution today with the court system because it is believed that kids do better when both parents are sharing custody. "And these words, which I command thee this day, shall be in thy heart: And thou shall teach them diligently unto thy children, and shall talk of them when thou sit in thy house, and when thou walk by the way, and when thou lie down, and when thou rise up" (Deuteronomy 6:5-7).

Never try to make the other parent look bad. If there is abuse involved then the court does need to know that. But to make that case, child custody trial tips argue that there needs to be specific incidences and witnesses to prove that this is true. Making accusations is not the way to go. Prove your case to the court by providing factual information. Talk everything over with an attorney before mentioning anything in the court preceding. Lawyers do not like surprises from their clients. They need to be prepared in order to serve their clients in the best possible way. When an attorney is representing a client he or she has to have all the available information regarding the case because the case has to be built, a strategy has to be in place so that you have the best chance of winning.

Negotiation between spouses is the best way to reach a fair settlement in divorce cases. Child custody trial tips can be found online and a good attorney can verify if the tips are worth considering. In some cases there is not a dispute for custody because the parents have agreed in advance on who gets the kids and who gets visitation. This is the very best way to go to court. However, even though that is an ideal situation sometimes spouses just don't agree. Most adults probably agree that when it comes to the kids there is no compromise. If the minors are old enough they can choose who they wish to live with. Although this will be hard to do, parents may want to consider asking the kids where they want to live. This is tough and no child should ever have to make this decision but if there is a dispute the court may resort to asking that very question.

Always allow the minors to spend time with the other parent during a divorce unless there is abuse involved and the temporary order doesn't permit visitation. Using the minors as a sounding board when you are angry at the other partner will only make them feel bad and may even make them feel like everything is their fault. Child custody trial tips are all about getting along and trying to negotiate on behalf of the kids. This will make your case look much more favorable to the judge. Courts like to see that the two adults are both balanced human beings who have their priorities straight. Provide for the children physically, emotionally, psychologically, and spiritually.

Splitting up the children will not be an alternative the court would favor. Child custody trial tips are all about keeping the minors together. One of the best ways to look favorable in court is to insist that the minors stay together. Let your attorney know that you are against making it harder for the children especially if they are younger. Everyone's situation is different so these types of decisions may not be easy. One sibling may want to live with Mom and the other may want to live with Dad. The judge may let them choose if they are old enough to do so. The laws in each state vary but if a minor is around 12 years of age he or she may have a choice.

Keeping documentation is very important when it comes to a custody case. Child custody trial tips say to keep consistent and detailed records. Write down any problems or concerns about the minors well-being when in the care of the other parent. Note any changes in the children's behavior after being in the care of the other adult. This would include any interaction including talking on the phone or even email correspondence that has to do with the minors. Write as much information as you can remember and do it as soon as possible after the occurrence. Waiting can result in forgetting. These records should be factual. Observation can give a person clues as to the physical and emotional state of the children.

Make sure that you have a good attorney when trying to win a custody battle. Your attorney should be well versed in the laws of the state especially pertaining to family law. One with a great deal of experience would be best. Ask your attorney lots of questions about child custody trial tips. Make sure that you understand the legal terminology involved. Also, ask for advice on how to decide what is best for the children. If there are no problems with the competence of either adult then why not try to figure out a way to have a joint arrangement. Schedule a meeting with the opposition and see what can be resolved. This may take some arranging but will be well worth the effort.

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