If someone has been charged with domestic violence in Alabama, the Birmingham area, or elsewhere, it could impact their ability to be a custodial parent or have visitation rights in a custody-type situation. Simply being accused and charged with domestic violence does not preclude or prohibit someone from being a custodial parent or having visitation rights.
If someone is convicted of domestic violence in Alabama, it could be grounds for someone to be excluded from having custody of a child. Typically, the family courts and domestic courts look at the totality of the circumstances. There is a chance someone could still gain or maintain custody if they were accused or convicted of domestic violence, but the likelihood is very small.
That is why it is important that someone accused of domestic violence in Alabama is properly represented and defended by a seasoned domestic violence attorney who is well-acquainted with the child custody laws following a Birmingham domestic violence charge.
How Pending Domestic Violence Charges Can Impact CustodyIf the court that entered that particular custody order or visitation order finds out about the pending domestic violence charge, then they, the plaintiff on the other side of the case, or the Department of Human Resources, could file a petition to remove their visitation or custody rights or at least temporarily put them on hold until there is an investigation done in the domestic violence case. Pending charges could potentially affect the application of child custody laws following a Birmingham domestic violence charge upon a person who was accused and/or convicted.
Custody and Visitation IssuesIn determining custody or visitation issues as it relates to domestic violence, the court could consider who the alleged victim is in the domestic violence case. If the alleged victim is a child and the defendant is accused of harming or perpetrating domestic violence upon that child, then the family court or the domestic court that entered that custody or visitation order would take emergency action to try to remove the child from that order.
In some cases, the Department of Human Resources would file an emergency petition and/or the party on the other side of the case, the other parent involved, or custodian in the court at that point in time would almost assuredly remove custody or visitation temporarily until further proceedings. Speak with an attorney to learn more about the child custody laws following a Birmingham domestic violence charge.
Anybody accused of domestic violence in Alabama that has child custody or visitation order in place could be subject to having that removed. That is why it is so important to be properly represented on any domestic violence case in Alabama. A conviction for domestic violence could carry long-term consequences in a child custody or visitation scenario.
No Relation to the ChildIf the victim in the domestic violence case is someone on the periphery that has no relation to the child or to the home life of the child, then the child custody laws following a Birmingham domestic violence charge could be applied on a case-by-case basis since there is no threat of injury or interaction of the child in any kind of violent situation. Sometimes the court would take that into consideration to not remove the child custody order or visitation order, but it on a case-by-case basis and depends on the facts that are alleged in the criminal charge of domestic violence.