The stakes in a custody dispute can quickly rise if allegations of domestic violence are present. The safety and welfare of the child are among the primary concerns of the Kansas courts. Allegations of abuse or violence, including physical, sexual, emotional abuse, or stalking, are a relevant factor in the courts’ decisions regarding custody, parenting time, and residency determinations.
Judges are aware of the fact that one false allegation of abuse can be very damaging to the other parent, but the judges also recognize that it can be just as damaging to the child and family to disregard a pattern of violence. Judges must use discretion in evaluating the evidence.
About Stange Law Firm
Since its founding in 2007, our family law firm has assisted clients in Kansas and other states with guardianship, adoption, child custody, and other family law issues. Stange Law Firm understands that family transitions require compassionate care and direct, honest responses. One of our lawyers can help you if you are facing domestic violence issues in your custody case.
The Legal Standard
In 2023, there were 22,847 domestic violence incidents, resulting in 11,425 arrests. This, unfortunately, led to 32 domestic violence-related homicides that year.
Kansas uses the best interests of the child standard for determining custody and parenting time. The statute provides a non-exclusive list of factors that the court must consider, including each parent’s role in parenting the child, the child’s adjustment to home and community, and the history of abuse or domestic violence.
Courts have explicit permission to evaluate domestic violence claims as they decide custody rights and parenting time, which means a history of abuse might lead to restricted parental rights or supervised visits.
Protective Orders and Other Measures
Kansas provides civil remedies in the form of Protection From Abuse (PFA) and Protection From Stalking/Sexual Assault orders. These orders can be sought expeditiously. The court has the authority to issue temporary emergency orders that limit contact between parties and allocate temporary custody until the final decision on the case.
PFAs are a legal means to put safety first and can play a part in later custody decisions, particularly if the judge believes there is a credible threat to the child or to the other parent. The Kansas Judicial Council has the forms and instructions for PFAs. A lawyer at Stange Law Firm can help you understand temporary restraining orders and how to file them.
How Domestic Violence Accusations Affect Custody Outcomes
Accusations alone are not usually enough to result in the loss of child custody. The court will look at the evidence and the surrounding circumstances. Examples of evidence that the court may consider are police reports, medical records, orders of protection, witness statements, text messages, photographs, and prior criminal convictions.
If a court believes that there is a pattern of coercive control or physical danger to the child, it can take the following measures:
- Denied unsupervised parenting time
- Supervised visitation
- Require exchanges at neutral locations
- Implement no-contact rules
- Parenting time only allowed in public spaces
- Required counseling for the alleged abusive parents
- Required anger management course completion
- Terminate or restrict custody
The judge evaluates multiple aspects, including the child’s age, the relationship between parent and child, and whether the abusive parent has pursued remedial actions like therapy. These measures are meant to protect the child while, if possible, preserving their relationships with both parents.
How a Lawyer Can Help
An attorney can assist by gathering evidence, presenting it, filing a protective order if necessary, and advocating for parenting plans that emphasize safety. Lawyers may also request custody evaluations, coordinate with victim advocates, and propose detailed custody terms designed to protect the child and preserve parental bonds when safe and appropriate.
Your attorney can defend your rights and present evidence to challenge allegations while showing your progress in rehabilitation if you face accusations. Collaborating with an attorney familiar with local district courts, such as Johnson County District Court or Sedgwick County Family Court, is important, as practices can vary by location.
FAQs
Q: Can a Parent Accused of Domestic Violence Still Get Child Custody?
A: It’s possible for a parent accused of domestic violence to get child custody. It depends on the circumstances. If the court determines that the parent does not present a continuing danger to the child and that the parent has successfully completed counseling or another form of intervention or rehabilitation program, limited custody or supervised visitation may be allowed.
However, where the violence has been severe or repeated, the court will usually restrict custody of the child to the other parent.
Q: What Evidence Do Courts Consider When Domestic Violence is Alleged in Child Custody Cases?
A: Courts will consider police reports, medical records, photographs of injuries, text messages, testimony from witnesses, and prior convictions. Orders of Protection From Abuse (PFA), as well as any history of threats or intimidation, are also important. The more credible and consistent the evidence is, the more likely it is that custody and parenting time will be affected.
Q: Can False Accusations of Abuse Affect Custody Decisions?
A: Yes, false accusations of abuse can affect custody decisions. False claims are taken seriously by Kansas courts. Making false accusations can undermine the accusing parent’s credibility and even their custody rights. Judges examine the timing, consistency, and supporting evidence for each allegation to determine whether the claims are truthful or made in bad faith.
Q: Should I Hire a Lawyer for My Custody Case Involving Domestic Violence Claims?
A: Yes, it is recommended that you hire a lawyer for your custody case, especially if it involves domestic violence claims. Domestic violence custody disputes are emotionally and legally complicated.
A lawyer can support a parenting plan that ensures your child’s safety, assist in gathering evidence, and file protection orders. For those accused, a lawyer ensures their rights are upheld and that any unfounded allegations are refuted with credible evidence and competent counsel.
Contact Stange Law Firm Today
If you are going through a custody case and it involves domestic violence, hire a lawyer at Stange Law Firm right away. We can fight for your rights and the safety of your children. Contact us today for more information.