Domestic violence can contribute to the end of a marriage and affect more than relationships between spouses. It may also be relevant to child custody and other family law decisions.
In Indiana, a court may consider domestic violence when making child custody decisions because the child’s well-being is an important factor in determining custody.
How abuse evidence can affect parenting time
Indiana allows no-fault divorce when one spouse states that the marriage cannot be repaired. While there is no need to prove domestic violence to get a divorce, evidence of abuse can play an important role in child custody decisions. These pieces of evidence can affect custody in several ways:
- The court may restrict parenting time: The court has the potential to limit a parent’s custody or parenting time if evidence shows that the parent’s abusive behavior could put the child at risk and sometimes the court may grant sole legal or physical custody to the non abusive parent.
- The court may restrict decision-making: A history of domestic violence can limit a parent’s ability to make important decisions about the child’s future.
The court focuses on the child’s best interests when making custody decisions. A history of domestic violence may affect the custody arrangement. The court may also require supervised visits to help keep the child safe. In some cases, the court could also appoint a guardian ad litem to investigate the abuse claims and recommend a custody arrangement.
How child custody decisions support a child’s well-being
Children who witness domestic violence are likely to experience emotional distress. This is why the court carefully considers the seriousness of the abuse when making child custody decisions and takes steps to protect the child’s well-being. When the court creates a child custody arrangement that favors a stable and secure environment, it can give the child a better opportunity for healthy growth and development.