Last page edit 12/17/07

Custody and Protective Orders

Because children are often caught in the middle of a domestic violence situation, obtaining legal custody of the minor children is crucial to protecting them, as well as you.  There are some special issues regarding custody in a domestic violence situation.

• You Need a Court Order - Until there is an Order by the Court granting a party temporary or permanent custody, both parents have equal rights to the children, regardless of their marital status.  This means that either parent has the right to have the children and the police may not remove the children from one parent's possession.
• Temporary Custody - If you have been granted temporary custody as part of a Protective Order, then you will keep primary rights over the children until there is a new order by the court or the order expires. 
• Finding an Attorney - If you do not have court-ordered custody and there is violence in the relationship, you should use an attorney to help you obtain custody.  The best place to start is to contact a domestic violence program which can help you with both the legal and practical issues you are facing, including the need for shelter and counseling.  Most domestic violence programs can help you find an attorney to help you without charge. You can also contact an attorney directly.
• Research Results - A study of "Domestic Violence and Empowerment in Custody and Visitation Cases" found that custody disputes generally showed the lowest level of disagreement. Visitation and financial disputes showed the highest levels of disagreement. (1994 study by the association of Family And Conciliation Courts)