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Allegations of domestic violence can impact child custody rights

Preserving one's access to their own children following a separation or divorce can be a significant priority to a Tennessee parent. In most cases a parent can, at the very least, preserve visitation time with their child if a court finds that such contact will serve the child's best interests. However, in some cases certain allegations can limit or even curtail a parent's desires to be with their children and can even cut off their parental rights.

Allegations of domestic violence are very serious. As previously discussed on this blog, a claim of domestic violence can lead to criminal prosecution, the limiting of a person's rights and impositions against them when it comes to where they may live and when they may have contact with their loved ones. It can also impact how a court rules in a case of child custody if one of the parents has been accused of committing violence against the other or of putting their child in harm's way.

Courts cannot give a parent custody of his or her child if the courts think that there is a substantial risk of harm to the child by such a placement. Additionally, courts cannot grant parents unsupervised visitation with their child if claims and evidence of violence exist. In such cases parents may be able to spend time with their child in a controlled and supervised environment.

Domestic violence is a serious legal matter that can affect the long-term relationships that parents have with their children. For this and other reasons it is important that individuals fight to preserve their rights when allegations of abuse and violence occur and threaten the lives they have worked hard to build.

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NCDD National College for DUI Defense: Samuel A Byrd