Most divorcing parents have to accept the reality of shared custody. Family law judges want what is best for the children, regardless of how toxic the relationship between the parents may have become.
In contested custody scenarios, judges try to do what they believe is best for the children. They typically instruct parents to share decision-making authority when they divorce. However, there are situations in which judges may agree that shared custody is not in the best interests of the children in the family. State statutes specifically mention domestic violence and child abuse as possible reasons to limit or eliminate one spouse’s parental rights.
How can a concerned parent gather evidence of domestic violence to protect their children during custody proceedings?
With official records
The most compelling evidence comes from state authorities. Police reports can substantiate claims of domestic violence. Even if prosecution did not occur, reports of neighbors and other concerned parties contacting law enforcement because of the altercations between the spouses can help show a pattern of concerning behavior.
Medical records can also be helpful. Proof of traumatic injuries caused by domestic violence or child abuse can help convince the courts that claims of domestic violence are not simply malicious fabrications.
With personal records
Unfortunately, state privacy laws prevent one spouse from surreptitiously recording the other. It is not legal under Washington law for one party to record private conversations or phone calls without the consent of everyone involved.
However, victims of domestic violence can still develop their own documentation. They can record video footage describing incidents after they occur and take photos of their injuries or damage to their property. They can keep a written journal where they detail what happens in every frightening incident. Those records can help affirm their allegations of domestic violence later.
With witness testimony
A variety of people may have witnessed an individual’s violent tendencies. Neighbors may have had to call the police or knock on the door to intervene. Family members may have witnessed explosive outbursts. Anyone who has seen the domestic violence firsthand or heard about it repeatedly after the fact could serve as a compelling witness who can help validate allegations of unstable and violent behavior.
Gathering adequate evidence is crucial for those seeking unusual arrangements during child custody proceedings. Parents who want to protect their children from abuse and domestic violence may need help asserting themselves during divorce and custody proceedings, and that’s okay.
