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Domestic violence may not prevent custody rights

On Behalf of | Mar 1, 2017 | Child Custody

If a parent in Maryland or elsewhere has committed an act of domestic violence, he or she may still get custody or visitation rights. This could be true whether the parent abused an adult living with the child or another minor living with the child. When crafting a visitation order, the best interests of the child and the adult abuse victim will be a top priority.

In some cases, an individual may still obtain visitation with a child even if he or she has murdered another child or family member who lived with the child. This may be true even if the victim was the child’s other parent. In such a scenario, a judge may create an order that allows for visitation while still ensuring the physical and emotional safety of the minor.

As a general rule, the law seeks to keep children and their biological parents together whenever possible. Therefore, it is conceivable that a parent with a history of domestic violence or murder will be given visitation or custody rights. However, this will mostly depend on whether or not allowing for custody or visitation is in the best interests of the child.

Those who wish to gain custody of a child or enhance their parental rights may wish to talk with an attorney. Depending on the circumstances of a case, grandparents, siblings or other family members may be granted custody instead of a mother or father. An attorney may be able to point to strong ties between the interested party and the child as a reason to grant custody or visitation rights. A stable home and professional life may also increase the odds of a person gaining custody or visitation rights.

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