When parents separate and custody of children is at issue, Missouri courts base every decision on the best interests of the child as their guiding principle. Domestic violence allegations and evidence play a significant role in this analysis. At Columbia Family Law Group, LLC, we recognize that navigating this emotionally charged area of law requires experienced and dedicated legal guidance.

If you are involved in a custody case with domestic violence as a factor, it is crucial to understand Missouri’s laws that protect children and victims. Our attorneys will help you navigate this complex process and ensure your rights are protected.

The Overriding Standard: The Best Interests of the Child

The Missouri legislature has established a set of factors that courts should consider when deciding on a custody and parenting plan that is in the best interests of a child. These factors are listed in § 452.375.2 of the Missouri Revised Statutes. One of these factors is particularly significant: whether either parent has been found guilty of or has pled guilty to domestic violence.

This is not just one factor among many. A history of domestic violence creates a presumption that it may not be in the best interest of the child to be placed under sole or shared physical custody with the parent who was the perpetrator of the abuse. This legal assumption fundamentally changes the dynamics of the custody case.

The Rebuttable Presumption Against the Perpetrator

What does a “rebuttable presumption” mean in practice? In essence, if a parent has been found to have committed domestic violence, the court will initially assume that awarding physical custody to that parent would be harmful to the child. This means that the burden of proof then falls on the parent who has committed the violence to show the court that, despite their actions, awarding them custody or significant parenting time would actually be in the child’s best interests.

This is a very difficult legal obstacle to overcome. Parents who have committed an offense must provide compelling evidence, such as completing a certified batterer’s intervention program, undergoing extensive therapy, and demonstrating a long period of good behavior. Simply denying accusations or minimizing their seriousness is rarely enough, if ever.

Defining Domestic Violence in a Custody Context

In order for this assumption to be valid, the court must determine that “domestic violence” has occurred. Under Missouri law, this term is broadly defined and includes not only physical abuse, such as hitting, kicking, or pushing, but also other forms of abuse, such as threats, harassment, stalking, or any behavior that puts a family member in fear of physical harm.

It is important to note that a criminal conviction is not always necessary for a court to make a decision regarding domestic violence. Instead, a family court judge may consider all the evidence presented in a case, including police reports, witness statements, photographs of injuries, and messages received by the victim, to determine whether or not the abuse took place. The judge will weigh the evidence and make a decision based on a preponderance of evidence, which means that it is more likely that the abuse did occur than not.

Impact on Parenting Plans and Visitation

Even if a parent who has committed domestic violence is denied physical custody, the court may still allow them to have supervised visitation or limited contact, but only if they can ensure the safety and well-being of the child and the other parent.

The parenting plan, which is a required document in all Missouri custody cases, should include specific provisions to ensure the child’s safety. These provisions may include:

• Supervised Visitation: Exchanges that occur in a neutral and supervised setting.
• Safe Exchange Protocols: Orders that parents use a third party or a public place to drop off and pick up the child in order to prevent direct contact between them.
• No-Overnight Visits: Restricting visits to daytime hours only to avoid overnight stays.
• Restrictions on Communication: Prohibiting abusive or harassing communication between parents in the child’s presence.

The court’s main goal is to ensure the safety and well-being of the child, both physically and emotionally. Seeing violent behavior between parents is seen as emotional abuse and is taken seriously by the courts.

Protecting Your Rights and Your Child’s Future

If you are a victim of domestic violence, it is crucial that you present a strong and convincing case to the court. This includes gathering evidence, obtaining necessary protection orders, and advocating for a parenting plan that ensures safety. On the other hand, if you are falsely accused, it is important to mount a strong and strategic defense in order to protect your parental rights.
Do not leave this important matter to chance. Contact our firm today to schedule a consultation and let us help you navigate through this challenging process.