When parents separate or divorce, one of the most important and emotional issues to resolve is child custody. In Pennsylvania, judges are required to evaluate custody factors and put the best interests of the child first when making custody decisions.
How Domestic Violence Impacts Custody Decisions
Under Pennsylvania law, judges must carefully weigh evidence of domestic violence when determining custody. This is because children’s safety and well-being come before anything else. Courts look at whether a parent has:
- Engaged in physical abuse, threats, or harassment.
- Exposed the child to violence in the home, even if the child was not the direct victim.
- Created an unsafe environment through intimidation or controlling behavior.
In many cases, if there is a documented history of abuse, it can affect whether a parent receives custody or the type of visitation that is permitted.
Kayden’s Law and Custody Cases
Kayden’s Law strengthened how Pennsylvania courts address custody cases involving domestic violence. Judges are now required to:
- Give additional weight to safety concerns when abuse is alleged.
- Consider detailed evidence of past or ongoing abuse.
- Order supervised visitation or limit custody if necessary to protect the child.
This means that in Chester County custody cases, judges will look very closely at any history of abuse before making a final order.
What This Means for Parents
If you are a parent who has experienced domestic violence, it’s important to know that the court will take your concerns seriously. Evidence such as police reports, medical records, witness testimony, or a Protection from Abuse (PFA) order can be very important in your case.
If you are a parent accused of domestic violence, the court will expect you to show how you are addressing the issue, such as through counseling or anger management programs.
How Unruh Turner Burke & Frees Can Help:
Custody cases involving allegations of abuse are highly sensitive and can feel overwhelming. At Unruh Turner Burke & Frees we can:
- Help you present evidence of abuse to the court;
- File for a Protection from Abuse order if needed;
- Advocate for custody and visitation arrangements that prioritize your child’s safety; and
- Protect your rights if allegations are made against you.
Taking the Next Step
If domestic violence is a concern in your custody case, you don’t have to navigate the process alone. Working with a compassionate and knowledgeable family law lawyer in Chester County can ensure that your voice is heard and that your child’s best interests remain the court’s top priority.
