Domestic violence is an epidemic that affects families across the United States, including in North Carolina. In many divorce cases, the issue of child custody becomes a contentious matter, especially in cases where domestic abuse is involved.

Understanding Domestic Abuse in North Carolina

Domestic abuse, also known as domestic violence, is a pattern of coercive behavior that one partner uses to control the other partner in an intimate relationship. This behavior can include physical assault, emotional abuse, sexual violence, and stalking. Domestic abuse can happen to anyone, regardless of age, race, income, or education level.

In North Carolina, domestic abuse is a crime. The state defines domestic violence as any act of physical or sexual harm or threat of harm, as well as any behavior that causes a person to fear for their safety or the safety of others in their household.

Child Custody Laws in North Carolina

In North Carolina, child custody is determined based on the best interests of the child. The court considers factors such as the child’s age, health, and welfare; the parents’ ability to provide for the child; and the child’s relationships with each parent and other family members.

North Carolina law also recognizes that domestic abuse is a serious issue that can impact child custody decisions. The law encourages the court to consider any history of domestic violence or abuse when making custody and visitation determinations.

The Impact of Domestic Abuse on Child Custody

Domestic abuse can have a significant impact on child custody decisions, particularly if the abuse involves the child or if the abuser has a history of violence. If the court determines that a parent has been abusive towards their spouse or child, the court may limit or even restrict that parent’s access to the child. The court may also order supervised visitation, where the parent can only see the child in the presence of a third party.

Fighting for Custody as a Victim of Domestic Abuse

If you are a victim of domestic abuse and are fighting for custody of your child, it is important to take steps to protect your safety. This can include obtaining a restraining order and working with an attorney to ensure that your rights are protected.

It is important to remember that the court will always prioritize the best interests of the child. If you can prove that the other parent has a history of domestic abuse, it may be possible to limit their access to your child.

Conclusion

Domestic abuse is a serious issue that can impact child custody decisions in North Carolina divorce cases. If you are a victim of domestic abuse and are fighting for custody of your child, it is important to work with an attorney who understands the complexities of these types of cases. The court will always prioritize the best interests of the child, and if you can prove that the other parent has a history of domestic abuse, it may be possible to limit their access to your child.