What Role Does Domestic Violence Play In Child Custody Decisions In Maryland?
All states across the country use a “best interests of the children” standard when making custody decisions. The courts take a profound interest in ensuring that the child is safe and well cared for. Maryland courts will, therefore, take allegations of domestic violence quite seriously when deciding on matters related to child custody. Maryland has recently improved the law with new measures designed to protect children from harmful environments. In this article, the Bel Air, MD, family lawyers at Schlaich & Thompson, Chartered, will discuss the role domestic violence plays in child custody decisions.
How do the Maryland courts consider domestic violence in child custody cases?
The Maryland courts use a “best interests of the child” standard to determine issues related to the children, including custody. The courts prioritize the child’s health, safety, and emotional stability. Judges will evaluate the potential harm domestic violence causes to the child’s physical and emotional well-being. Maryland courts will make a determination of how the domestic violence affects the child emotionally and whether the abusive environment could have a long-lasting impact.
Legal protections for victims of domestic violence and children in child custody cases
The State of Maryland provides protections to help secure the safety of children and victims in custody cases involving domestic violence. Protective orders allow victims to request court-ordered safeguards, such as temporary custody or restrictions on the abusive parent’s right to access the child. In extreme cases, the court will deny visitation altogether if it believes it’s unsafe for the child.
In addition to those provisions, Maryland law supports the right of the non-abusive parent to stay in the family home with their children. When the court grants a protective order, it could require the abusive parent to move out of the family home, which allows the child to stay in a safe and familiar setting.
Generally speaking, the Maryland courts will try to keep families together and ensure that a child has access to both of their parents. However, in cases involving domestic violence, the child’s safety becomes the priority. Family courts recognize that prolonged contact with an abusive parent can leave the child emotionally scarred. Judges are inclined to limit or supervise visits with abusive parents to allay that risk.
Talk to a Bel Air, MD Divorce Lawyer Today
Schlaich & Thompson, Chartered, represent the interests of parents in child custody cases. Call our Bel Air family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
