Special Issues in Child Custody Cases Where Abuse is Alleged

Posted on Monday, August 11th, 2014 at 10:31 pm    

Nashville defense attorney

If you are dealing with a custody matter where abuse is alleged, a skilled Nashville defense attorney can provide compassionate counsel to help you decide how best to proceed.

How Child Custody Cases are Decided

In family law matters where child custody is disputed, the judge must make a factual determination about what is in the child’s best interests. As a Nashville defense attorney can explain, this “best interest” analysis takes into account a variety of things. The court must attempt to make an objective determination about very subjective things. For example, the court looks at the love and affection each parent has with the child. Consideration is given to which parent can provide the most stable home life, how the child performs in school depending on which parent he or she is with etc. No one consideration is dispositive, the court may try to view the child’s life as a whole. However, when abuse is alleged by one or both parents, the issue may become, understandably, more urgent.

Dealing with Suspected Abuse

As your Nashville defense lawyer can explain, if you suspect your child has been subjected to abuse either by the other parent or while the child is in their custody, it’s important to act quickly. If you suspect your child is in imminent danger, talk to your attorney about seeking an emergency protection order. In extreme circumstances, the court may be willing to grant a temporary order without having a hearing if it deems irreparable harm or injury will result from a delay. If the abuse you allege is past abuse, this can raise different issues for the court. If past abuse is alleged and the accused parent has sought counseling and rehabilitation, the court will take these facts into consideration when determining what is in the child’s best interests.

Child custody matters are likely the most important issues you’ll face. It’s important to seek counsel from an experienced Nashville defense lawyer. To make an appointment for an initial consultation with the offices of Brent Horst Attorney At Law, call (615) 403-2971 cell / (615) 259-9867 office.