The effects of COVID-19 on domestic strife in North County and Carlsbad have resulted in increased new divorce filings. Many family law advocates have noted an increase in both reported and unreported domestic violence.
Common beliefs about domestic violence and resulting child custody and parenting time orders may not reflect the reality of today’s Family Courts. Domestic violence often results in emotionally scarred children and adults who are unable to move past their abuse. One of the most common beliefs is that the person who was the victim of abuse will be given primary custody of his or her children.
However, recent studies have shown domestic violence victims may be experiencing both emotional and physical issues which make it difficult to care for their sons or daughters.
The effects of COVID-19 on domestic strife in North County and Carlsbad are beginning to become a primary issue in many divorce cases. The Court is always interested in protecting the safety of all parties. When determining child custody and parenting time orders the best interest of the child is the Court’s top priority.
In many cases an abuser may still be given parenting time although it may be carefully monitored or require in-person supervision. In some cases, the Court might also be concerned about the victim of abuse as a primary care giver. Each case is unique and the Court will work carefully to get to the truth of the matter.
Children are often unfortunately used as pawns in a marital battle between two parents during the process and after a divorce is settled. This may be done in an effort to control their partner or simply as a bargaining chip. Children are not leverage. The Court has little patience with those who wish to manipulate the best interests of the children for their own needs or advantage.
Parents who are seeking sole custody of their children due to allegations of domestic violence may wish to speak with one of our Certified Family Law Specialists. Our experienced representation can have a substantial impact on establishing appropriate facts and protecting your rights as a parent.