top of page

👶 Custody Rights for Children in Abusive Relationships

1. Types of Custody

  • Legal Custody: The right to make major decisions for the child (education, healthcare, religion).

  • Physical Custody: Where the child lives most of the time.

  • Joint Custody: Both parents share legal and/or physical custody.

  • Sole Custody: One parent has full legal and/or physical custody.

In abusive relationships, courts often prioritize the child’s safety over shared custody.

2. Steps to Protect Your Child

  1. Document Abuse:

    • Keep records of abuse incidents (photos of injuries, text messages, emails, witness statements).

    • Include any threats or incidents involving the children.

  2. Seek Legal Help:

    • Consult a family law attorney experienced with domestic violence cases.

    • Many states have legal aid organizations that offer free or low-cost services.

  3. Request a Protective Order:

    • Courts can issue restraining orders that limit or supervise the abuser’s contact with your children.

  4. Supervised Visitation:

    • If the court allows visitation, it may be supervised to ensure your child’s safety.

    • Supervised visitation centers can monitor interactions.

  5. Prepare for Court:

    • Focus on your child’s best interests.

    • Bring all documentation of abuse and any safety plans to court.

    • Show how you can provide a stable, safe environment for the child.

  6. Child Support:

    • Even if you have sole custody, the noncustodial parent may still be required to pay child support.

    • Legal aid can help enforce these payments.

3. Important Considerations

  • The safety of your child is always the court’s top priority.

  • Do not leave the relationship without legal advice if custody is a concern.

  • Keep communications with the abuser documented and limited.

  • Always follow the court’s instructions carefully to avoid jeopardizing custody rights.

If you're in immediate danger, call 911.

Hope Rising Logo, Lotus, sunrise

Isaiah 61:3

Disclaimer:
The information provided on this website is for general informational and educational purposes only. Hope Rising 613 does not provide legal, medical, counseling, or emergency services.

If you are in immediate danger, please call 911 or the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

Communication through this website, including emails or contact forms, does not create a confidential or professional relationship. Any advice, referrals, or resources shared are provided in good faith but without any guarantee of outcome.

Hope Rising 613 and its team are not liable for any actions taken or decisions made based on the information provided on this site or through correspondence with us. Users are encouraged to seek advice from qualified professionals for legal, medical, or counseling needs.

bottom of page