The Impact of Domestic Violence on Child Custody Decisions in Oklahoma

The National Coalition Against Domestic Violence reports that across the United States, as many as one in four women and one in nine men will be the victim of severe abuse by their intimate partner. The issue of domestic violence is such a widespread problem that every minute, at least 20 people are suffering from abuse by an intimate partner. That means that in any given year, over 10 million men and women are domestic violence victims.

When domestic violence occurs in a family household, children tend to be significantly impacted, especially if they have to witness it and when it leads to a breakdown in their parent’s relationship. Parents who break up and no longer live together will usually have to tackle the issue of child custody, which can be yet another contentious battle. Instances of past domestic violence will be considered when determining custody and can impact the final decision of who is given custody and rights to the children.

Working through issues of family law can be challenging and emotional. If you are divorcing or if you are struggling to get a positive outcome concerning child custody, then you can speak with a lawyer for experienced legal advice. The Oklahoma family law attorneys at the Putnam Law Office are here for you and ready to help.

How Domestic Violence Can Alter a Child Custody Decision in Oklahoma

In Oklahoma, there is legal child custody, which gives a parent rights to decision-making for their child. Then there is physical child custody, which gives a parent the right to have their children live with them. The most important priority of the Oklahoma Family Court is to safeguard the well-being of children. Looking out for the best interests of a child is the primary goal when deciding what a fair and healthy child custody order should be. 

The zero-tolerance policy that Oklahoma follows says that parents who are charged and convicted of domestic violence in the previous five years will not be awarded joint or sole custody of their children. 

Protective orders can persuade the judge to grant the non-abusive parent sole custody of the children. Here, the parent to whom the protective order was issued may be able to get a visitation order that includes terms of how visitation will work. For example, the visitation order may indicate that the sessions must be supervised by a third party. Or, the abusive parent may be ordered to take and complete an Office of the Attorney General-certified intervention program.

In some extreme situations, a parent may be considered such a danger to a child that they will have their parental rights terminated. This is very serious because once it is decided, it cannot be reversed. It is permanent. Here, an abusive parent will lose all rights to a child and they will be unable to lawfully visit a child because the court believes that this would not be in the child’s best interest. An example of when parental rights would likely be terminated would be if a child was sexually assaulted by a parent, or if a parent tried to murder either a child or the other parent.

Speak to a Family Law Attorney at the Putnam Law Office

It is always in the child’s best interest to seek knowledgeable legal advice for sensitive issues such as child custody and domestic violence. Your family’s emotional well-being may be at stake. For assistance with your child custody case, please call our Oklahoma family law attorneys at the Putnam Law Office to schedule a free consultation at 405-724-7701.