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Can domestic violence charges affect my child custody rights?

It is important for readers of this Arizona family law blog to remember that courts act to preserve the best interests of the children whose lives are affected by those courts' decisions. This can include decisions that courts make with regard to child custody matters. Though every child custody matter is different and readers of this blog should not rely on it as specific legal advice, they are encouraged to use the information contained herein as a starting point to understanding family law issues.

Regarding charges of domestic violence, a parent can have their custody rights affected by an instance or pattern of violence in their past. A parent may not be able to have sole or joint custody of a child if domestic violence is in their history and they may have limited access to the child through visitation. A court may presume that domestic violence committed by one parent will put their children in danger and thus not serve the children's best interests.

Domestic violence can affect a person's emotional, physical, mental or moral well-being. As such, courts are hesitant to award custody or visitation to individuals who have histories of such violence toward family members in their pasts. As stated, however, every case is different and fathers should not give up on seeking custody and visitation with their children even if prior legal problems may create barriers in their paths.

Family law attorneys can help fathers work within their situations to seek relationships with their kids through child custody and visitation. Histories of domestic violence can make it more challenging for fathers to have custodial rights in their kids' lives, but individuals with questions about this delicate area of family law may discuss their cases with their family law representatives.

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