Domestic violence can leave victims with long-term psychological and emotional damage, especially children who may carry that trauma for the rest of their lives. Because Tennessee child custody law requires family courts to make their decisions based on the best interests of the children, judges must consider a history of violence when making their rulings. Depending on their severity and proximity to the child, accusations of domestic abuse can dramatically impact the outcome of your case.

Domestic Abuse & Child Custody in Tennessee

Each state has its own criteria for determining the best interests of  children involved in custody disputes, and each state weighs factors differently. In Tennessee, child custody law presumes that living with a parent who is under indictment or has previous convictions of child abuse would be detrimental to the child’s well-being. If you have faced criminal domestic abuse charges, the court is less likely to designate you as a child’s primary residential parent.

Standards of Proof

The criminal justice system requires prosecutors to prove  beyond a reasonable doubt that a defendant has committed domestic abuse. In family court, however, the judge must only find that a preponderance of the evidence shows that domestic violence occurred. As a result, child custody allegations may be factored into your case, even if you were acquitted or the prosecutor decided not to file charges.

Visitation & Termination of Parental Rights

If the child was not the victim in the domestic abuse case, the accused parent may be granted unsupervised visitation rights. However, exposure to domestic violence may also lead to the involvement of the Tennessee Department of Children’s Services, and it can be a basis for removing a child from the care of parents.

Otherwise, child custody law allows for supervised visits to protect the children’s well-being. The judge will determine how the supervised visitation will occur. In cases involving serious physical or sexual abuse, the court may terminate the offender’s parental rights entirely.
 

The legal team at Castles Family Law understands how emotionally difficult custody disputes can be, which is why they focus all their energy on providing families throughout Nashville and Franklin with effective representation and compassionate attention. Their in-depth background in Tennessee child custody law has earned this law firm a reputation as one of the best in the nation, with awards from The National Advocates and The American Institute of Family Law Attorneys. To schedule a consultation, visit their website now or call (615) 804-6086.