How Domestic Violence Affects Child Custody Cases in South Carolina

What Does the Law in South Carolina Say About Domestic Violence in Child Custody Cases?

Child custody cases are often emotionally demanding, especially when the parents can’t agree amicably. Determination of the case can become more complicated when domestic violence is involved.

Family law lawyers in York County say that the law stipulates that a domestic violence victim can seek protection through a protective order if any of the following happened to them within the context of a personal relationship:

• Actual or attempted physical injury
• Fear of imminent serious bodily injury or persistent harassment
• Sexual assault

If you have been a victim of domestic abuse and have sought a protective order against your spouse, it could affect the child custody outcome. Judges determine custody cases based on a child’s best interests and are unlikely to grant custody to an abusive parent, especially if they have been convicted of certain forms of domestic crimes.

What Factors Do Courts Consider in Child Custody Cases Involving Domestic Violence?

The law doesn’t consider either parent better suited to live with the child when determining custody. Nonetheless, Rock Hill, South Carolina, child custody lawyers say that a judge’s custody determination may be based on the following crucial factors, among others:

• Did the child see the violence or abuse happening?
• What was the nature of the abuse, how often did it happen, and what was the severity?
• Was child abuse involved?
• Was one or both parents convicted of domestic violence?
• How likely is it that the abusive parent will continue to be violent?

Evaluating Evidence of Domestic Violence

Judges take allegations of domestic violence seriously because an environment that puts a child in danger can adversely affect their growth, well-being, and development. Even if the violence was against another person within the child’s household other than the child, the behavior can affect the child custody outcome.

Rock Hill, South Carolina, child custody attorneys explain that domestic violence claims are often one parent’s words against the other’s. A parent may cite domestic violence in malice to disadvantage the other parent from being granted custody. So, courts evaluate various types of evidence to determine the type and extent of domestic violence before issuing a custody order. Examples of evidence used in such cases include, but are not limited to, the following:

•  Parental testimony: The court can evaluate your claims or testimony of domestic violence as the child’s parent. Cross-examination and additional evidence can strengthen your case. When providing your testimony in court, consult extensively with skilled child custody attorneys in Rock Hill, South Carolina, for legal counsel.
• Eyewitness testimony: Other household members or neighbors may have witnessed instances of domestic abuse or behavior that could indicate violence. Their testimony in court can be considered crucial evidence.
• Photo and video evidence: Recordings and captured moments of domestic evidence are some of the strongest proofs you can present to support domestic evidence claims.
• Medical records and doctor’s reports: If you sustained injuries in domestic violence instances, you may provide medical records showing you got treatment for the injuries. A doctor’s report explaining how you suffered the injuries can also strengthen your claim.

Skilled child support lawyers in Rock Hill, South Carolina, can also help you collect other relevant evidence. They can also help you demonstrate why it would not be in the child’s best interests to grant custody to the other parent if they are the perpetrator of domestic violence.

How Does Domestic Violence Impact Parental Rights and Responsibilities?

After evaluating the available evidence and determining that domestic violence is a factor in a child custody case, a judge may rule in favor of the following possible outcomes:

Supervised Visitation

A court may order that visitation by the abusive parent occurs under the supervision of an authorized agent or institution. The visitation may also come with other restrictions, such as prohibition on the use of drugs or alcohol on the eve and day of visitation.

Supervised visitation as one of the possible child custody outcomes is often a temporary measure. It can be modified at the request of the supervised parent if they demonstrate a change in behavior and why unsupervised visitation would be in the child’s best interests.

No Supervision

Depending on the severity of a domestic violence case, a court may rule that the abusive parent should not have contact with the child. The outcome would be sole custody awarded to the other parent. Although the measure is drastic, it is possible if a judge believes there is ongoing domestic violence in a household or the violence has directly been committed against the child.

Parental Rights Termination

A court can cancel the parental rights of an abusive parent if the abuse is severe. The solution is permanent, and courts don’t arrive at a decision hastily unless they determine it is in the child’s best interest. The outcome is possible in cases of sexual abuse, attempted murder of the child or other parent, or felony assault causing bodily injury. Substantial evidence is crucial in this case.

A Skilled Family Lawyer Helping You Navigate Child Custody Involving Domestic Violence

Domestic abuse can complicate child custody cases as courts must uphold the best interest of a child to protect them from abuse and harm. Several factors come into play as courts evaluate the most suitable custody arrangement. If you or your child are a victim of domestic violence and are worried about your child custody case, consult family law attorneys in York County.

The Howze Law Firm, LLC, has skilled child custody attorneys in Rock Hill. We can evaluate your case and help you gather sufficient evidence to support your claims. Our team of dedicated legal experts can also put their best foot forward to fight for your child’s best interests. Call us at 803-266-1812 for an initial case evaluation.