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Domestic Violence and Divorce When a Spouse is Abusive to the Child But Not to the Spouse

Domestic violence plays a major role in many divorce cases. It affects decisions related to alimony, child support and custody, and others.

Victims of domestic abuse can provide information to family law courts in order to obtain the support they need during and after their divorce.

But understanding how spousal abuse will impact your divorce case is the first step in achieving the outcome you want. Your family law attorney can help you provide the evidence needed to meet your legal needs.

Domestic Abuse in Georgia

Georgia laws classify domestic abuse as an act in which one person exerts control or power over another individual. This includes physical, psychological, and sexual abuse among others.

Aggravated assault, damage to property, stalking, restraint, and trespassing are examples of domestic abuse that many people face.

It can be committed against a current or former spouse, children and stepchildren, and cohabiting individuals. Individuals can use domestic violence as the basis for their divorce case.

In cases involving abuse to a child with no abuse to the spouse, it’s’ important to distinguish between family violence and corporal punishment or detention seen as a reasonable act of disciplining a child.

The Impact of Domestic Violence

Physical assault, verbal threats, insults, isolating someone from others, property damage, humiliation, forcing someone out of the home, and preventing an individual from receiving medical care are all forms of domestic violence.

Family law courts consider many factors when making decisions related to child custody and visitation rights. Evidence of domestic violence must be evaluated prior to determining who will have legal or physical custody.

Parents are required by law to provide any information related to current and past incidents of abuse.

There are measures that can be taken by the courts to protect children from an abusive parent while allowing some visitation rights. Custody exchanges may need to be held in public places, and a parent may not be allowed to have overnight custody of a child.

In addition, a court judge may order an investigation to be held by Georgia Child Protective Services to determine any potential risks to children during and after a divorce.

Legal Protection for You and Your Child

Temporary protective orders and supervised visitations are other ways that family law courts can protect you and your child from domestic violence in a divorce case.

Fees related to supervised visitation may need to be covered by the abusive spouse. He or she may also be restricted from possessing or using alcohol before or during visitation periods depending on the level of risk.

In more severe cases, an abuser’s parental rights may be terminated by the courts. This is only done when it is deemed necessary in supporting the best interests of a child.

Evidence of abuse must be provided in order to use these and other protective measures in a divorce case.

Working closely with your family law attorney will help you determine the best legal strategy to meet your goals. You’ll obtain the spousal support you need and ensure that your child’s wellbeing is fully protected.

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