How Domestic Violence and Child Custody Cases Can Affect Your Parental Rights

Domestic violence allegations carry serious consequences, especially when child custody decisions are involved. In Tennessee, courts take any sign of violence seriously when deciding which parent will have legal and physical custody of a child. Even if the incident was isolated or years ago, it can have lasting effects on your parental rights.

Child custody law in Tennessee prioritizes the child’s well-being and safety. When a parent is accused of domestic violence, judges are required to consider how that behavior affects the child and the other parent.

Defining Domestic Violence

Tennessee law defines domestic violence broadly. It includes physical harm, threats of harm, sexual abuse, harassment, and stalking, especially when committed by a family member, romantic partner, or someone who lives in the same household.

Importantly, domestic violence doesn’t always involve physical injuries. Threats, controlling behavior, or emotional abuse may also be considered by a judge when determining custody. The court examines not only what happened but also how those events impact the child’s safety and emotional well-being.

What Judges Must Consider in Custody Decisions

Under Tennessee’s child custody law, the best interest of the child is the most important factor. This means that a judge must look at all circumstances that may affect the child’s safety, development, and overall welfare.

When domestic violence is involved, the court may consider:

• The nature, severity, and frequency of the abuse

• Whether the child was exposed to or affected by the violence

• Any injuries or lasting trauma experienced by the child or the other parent

• The abusive parent’s willingness to complete treatment or counseling

• Whether there are active protective orders or criminal proceedings

These considerations are taken seriously. Even if the parent accused of violence is otherwise involved in the child’s life, the court may place limits on custody or visitation.

How Domestic Violence Can Affect Legal Custody

Legal custody refers to a parent’s right to make major decisions about a child’s life, including education, healthcare, and religious upbringing. In Tennessee, courts prefer to award joint legal custody when both parents can communicate effectively and share responsibilities.

However, if a judge finds that a parent has committed domestic violence, that parent may lose legal custody rights. The court may decide that it's not in the child’s best interest to have both parents share decision-making authority. One parent might receive sole legal custody, leaving the other with limited input on important matters.

How Domestic Violence Can Affect Physical Custody

Physical custody determines where the child lives most of the time. In cases involving domestic violence, courts may choose to limit or restrict the abusive parent’s physical custody. The safety of the child is the court’s highest priority.

Possible outcomes include:

• Awarding sole physical custody to the non-abusive parent

• Requiring supervised visitation for the abusive parent

• Delaying or denying visitation altogether until certain conditions are met

Even if the parent accused of violence has a strong bond with the child, the court may choose to minimize the risk of further harm. Judges have broad discretion in these situations and may set detailed conditions on parenting time.

False Accusations and Their Impact

Unfortunately, some custody cases involve false or exaggerated claims of domestic violence. If a judge finds that one parent made false allegations to influence the outcome of the case, it could backfire.

Tennessee law allows judges to consider whether either parent has tried to manipulate the process or interfere with the child’s relationship with the other parent. Making false claims can hurt credibility and may result in reduced custody rights for the accusing parent.

Evidence in Domestic Violence Custody Cases

To assess domestic violence claims, courts rely on more than just one parent’s word. Evidence can come from several sources and may be presented during a hearing or trial.

Useful types of evidence include:

• Police reports or arrest records

• Medical records showing injuries

• Testimony from witnesses, neighbors, or relatives

• Text messages, emails, or voicemails that include threats

• Reports from child psychologists or counselors

The judge will weigh this evidence to determine if domestic violence occurred and how it affects the child’s safety and welfare.

Supervised Visitation and Its Purpose

Supervised visitation is often used in cases where the court believes some contact is appropriate but wants to protect the child from possible harm. A third party, such as a social worker or a court-approved monitor, may be present during visits.

Supervised visitation helps maintain the parent-child relationship while reducing the chance of emotional or physical harm. The court may require supervised visits temporarily, especially if the parent accused of violence is undergoing counseling or substance abuse treatment.

Protective Orders and Custody Restrictions

If a parent has obtained a protective order against the other parent, this can significantly impact custody decisions. Tennessee courts treat protective orders seriously, especially if they involve allegations of child endangerment.

A protective order can:

• Restrict the abusive parent from contacting the child or the other parent

• Limit how and when visitation occurs

• Require court approval for any changes to custody arrangements

While a protective order alone doesn’t eliminate parental rights, it can heavily influence how a judge structures custody and visitation. It may also lead to temporary custody changes while the court reviews the full circumstances of the case.

How Past Behavior Can Affect Custody Outcomes

Courts in Tennessee can consider past behavior when making child custody law decisions, even if the events happened years ago. If a parent has a history of abusive conduct—especially if it was directed toward the child or the other parent—it may lead the judge to question that parent’s ability to provide a safe home.

However, the court may also look at whether the parent has taken steps to change. Participation in therapy, clean criminal records, and character references can all play a role in shaping the court’s view.

Modifying Custody After Domestic Violence

Custody orders aren’t necessarily permanent. If new evidence comes to light or if circumstances change, either parent can ask the court to modify the existing custody arrangement.

For example, if a parent accused of domestic violence completes counseling, follows court orders, and shows improved behavior, the court might consider expanding their custody rights. On the other hand, if new allegations arise or if a parent violates a protective order, the court may restrict custody further.

Parental Rights and Termination in Extreme Cases

In the most serious cases, domestic violence can lead to the termination of parental rights. This is rare but possible when the court finds that a parent poses a continued threat to the child’s safety and well-being.

Termination of rights means that a parent loses all legal relationship with the child. It usually requires clear and convincing evidence of severe or repeated abuse, abandonment, or other serious misconduct.

These decisions aren’t made lightly. The court will look at all facts and consider whether less drastic measures—such as supervised visitation—could protect the child while maintaining the parent-child bond.

How Legal Representation Can Help You Protect Your Rights

If you're involved in a custody dispute involving domestic violence, working with a criminal defense attorney who understands child custody law is critical. These cases often require careful analysis of court procedures, evidence, and parental fitness.

A skilled defense lawyer can help you:

• Defend against domestic violence allegations that may impact custody.

• Navigate protective orders and ensure compliance with court terms.

• Present strong evidence to challenge false accusations.

• Advocate for custody arrangements that reflect your parental rights.

• Avoid missteps that could harm your case or lead to criminal penalties.

When custody issues and criminal allegations collide, the outcome can affect your family, freedom, and future. Whether you’ve been falsely accused or need help protecting your child, a knowledgeable defense attorney can guide you through both the criminal and family court systems.

Reach Out Today

Child custody law cases involving domestic violence are among the most difficult matters courts must decide. William L. Pomeroy Law is proud to serve Brentwood, Tennessee, and the surrounding areas of Davidson County, Williamson County, and Rutherford County. Call today to learn more.