Domestic Violence and West Virginia Family Court
How DV concerns may impact custody decisions in WV.
Understanding Custody and Domestic Violence Concerns
Custody Framework
Custody decisions refer to how responsibility for a child is arranged between adults. Courts typically look at the best interests of the child when deciding custody. This includes who will care for the child and how decisions about the child's life will be made. Custody can be awarded to one or both parents, with arrangements for physical and legal custody differing depending on the situation.
Raising Domestic Violence Concerns
If domestic violence is a concern, it can be raised during custody proceedings. This is to inform the court about the safety and well-being of the child and caretakers. It is important to provide clear information and relevant evidence related to domestic violence, so the court can consider it appropriately.
What Judges May Consider
Judges consider many factors to protect the child’s welfare. These may include any history of domestic violence, the child’s relationship with each parent, each parent’s ability to meet the child’s needs, and the safety of all parties involved. A judge’s goal is to create arrangements that support the child’s stability and security.
When Supervised Visitation Is Used
Supervised visitation allows a parent to spend time with their child while supervised by a third party. This may be ordered when there is concern about safety, such as in situations involving domestic violence. Supervision helps ensure visits occur in a safe environment and protects the child and custodial parent or caregiver.