How Domestic Violence Affects Custody in Atlanta

Going through a divorce is challenging enough without the added fear of domestic violence. If you’re an Atlanta resident facing this tough situation, please know that you are not alone through your divorce. If domestic violence was present throughout your marriage, it is natural to worry about your children’s safety moving forward. How does domestic violence influence custody decisions here in Georgia? If you or someone you know is facing a physical or life-threatening situation, please don’t hesitate—dial 911 immediately. Your safety is the top priority.

Fortunately, Georgia takes a hard stand on domestic violence, and all decisions are made with the children’s best interests in mind. Even so, victims of domestic violence need a strong legal advocate in their corner throughout their divorce to protect their rights and their future. 

At Hobson & Hobson, P.C., our Atlanta child custody attorneys are here to help you through this difficult time. We can fight for your parenting rights and advocate for your children at every turn.  

Custody in the Context of Domestic Violence in Georgia

When a Georgia court evaluates custody, the primary consideration is always the best interests of the child. However, when domestic violence is involved, the situation becomes more complex. Courts are very aware that children who are exposed to domestic violence, whether directly or indirectly, often suffer emotionally and psychologically. That’s why a proven pattern of abuse can have a significant impact on the court’s custody decision.

How Georgia Courts Evaluate Domestic Violence in Custody Cases

Courts in Atlanta take claims of domestic violence very seriously and evaluate them from multiple angles when determining custody. Here’s a closer look at how judges typically approach these cases:

1. Evidence of Abuse: The court will look for solid proof of domestic violence. This can include police reports, restraining orders, medical records, or witness testimony. Having documentation that paints a clear picture of abuse is crucial to influencing the court’s decisions.
2. Impact on the Child: Judges will assess how the domestic violence has affected your child’s well-being. They look at signs of emotional distress, anxiety, or fear in the child, as well as whether the home environment is stable and secure.
3. Parenting Capabilities: The court will examine each parent’s ability to provide a safe and nurturing environment. They will scrutinize the abusive parent’s capacity to maintain a healthy relationship with the child and weigh that against the risks to the child’s safety.
4. Safety Plans: In cases where there is a history of domestic violence, the court may require safety measures such as supervised visitation or specific guidelines for how and when visitation should take place to protect the child.

Georgia Laws Protecting Victims in Custody Disputes

Georgia has specific laws that aim to safeguard both victims of domestic violence and their children during custody disputes. Two key statutes often come into play:

• Georgia Code § 19-9-3 – This law allows the courts to consider evidence of family violence when determining the child’s best interests. It grants judges the authority to limit or supervise the visitation rights of a parent who has been violent so that the child is not continuously exposed to abusive behavior during custody exchanges.
• Georgia Code § 19-9-7 –When there is a protective order in place, the court will carefully evaluate the risk. If domestic violence has been established, the court may limit the abusive parent’s custody rights. 

The Role of Evidence in Strengthening Your Case

In custody cases involving domestic violence, the presence of evidence can play a critical role. Without clear documentation, it may be challenging to influence the court’s decision regarding the abusive parent’s rights. Certain practices may be considered important for building a stronger case:

• Incident Documentation: Maintaining a detailed record of each abusive incident, including dates, times, and descriptions, may be beneficial. Photographs of injuries or property damage could serve as compelling evidence.
• Receiving Medical Attention: Obtaining medical care for injuries not only safeguards health but could also create essential records of the abuse that might be used in legal proceedings.
• Police Reports: Reporting abuse to law enforcement creates an official record, which may help establish the seriousness and frequency of the violence if presented in court.
• Witnesses Statements: Statements from individuals such as neighbors, friends, or family members who have observed the abuse could provide additional corroboration for the claims.
• Protective Orders: A restraining or protective order may offer immediate security and could signal to the court that the situation requires legal intervention.

Having this type of evidence not only strengthens your custody case but also helps the court see the full picture of the dangers you and your children are facing.

How Hobson & Hobson, P.C., Can Help

Hiring a lawyer who understands domestic violence and Georgia custody laws can make all the difference. Our Atlanta-based attorneys know how to present your evidence effectively, advocate for your rights, and ensure that the court sees the full scope of the abuse you’ve suffered.

While your case works its way through the legal system, our attorneys will help you take steps now to safeguard your children from further abuse. This may include developing a safety plan, seeking professional counseling, and filing a protective order when necessary. 

Call us at (770) 284-6153 or fill out our confidential contact form, and we can begin fighting for you and your family’s future.