You take your responsibility as a parent seriously. When domestic abuse became an issue in your marriage, you took the brave step of leaving your spouse to create a new life for your children, and filing for divorce. But what happens in cases where one parent has a violent history of domestic assault, blatantly violating orders of protection and behaviors that could be considered stalking? You are working so hard to create a safe, new life for yourself and your children. What impact might your soon-to-be-former spouse’s history of abuse have on their ability to have contact with the children?
Domestic violence and child custody in Tennessee
The court is in the precarious situation of balancing the best interest of the child against the right of parents to be as involved as possible in their child’s life. The court cannot advocate a situation that would cause the child to be in danger simply because the parent has a right to spend time with the child. If the abuse has taken place recently and has been a frequent occurrence, the court has options for making sure that the child is safe without denying the parent his or her right to access. The judge may decree:
- Visits will be supervised by a responsible adult or agency with the perpetrating parent paying the fees.
- The parent who is perpetrating the abuse must attend a counseling program before visitation can begin.
- No overnight visitation until the court-ordered counseling has been completed, or there has been some other demonstration of a change in circumstances that guarantees the safety of the child.
- The address of the child and the non-perpetrating parent be kept confidential.
- Any other conditions that the court deems necessary and proper to guarantee the safety of the child.
The court can order supervised visits after the perpetrating parent has undergone counseling, and once he or she has satisfied all the requirements of the court, that parent can eventually be allowed to have unsupervised visitation. The court may also require that the offending parent prove that having unsupervised visits is in the best interest of the child.
Terminating parental rights
In severe cases of abuse which involve the rape, sexual abuse, exploitation or neglect of a child, the murder of the child’s other parent, abuse of the child’s sibling, and several other criminal actions, parental rights can be terminated. This is a permanent option which cannot be appealed.
If you are facing a custody battle with a spouse who has a history of abusing you and/ or your child, there are legal options available to keep your child safe. You can consult with an experienced team of Nashville family law attorneys who are strong advocates for their clients’ rights. Please call 615-391-4200 or use this contact form to reserve your consultation with the dedicated legal team at Karla C. Miller and Associates, PLLC.
Karla C. Miller has devoted her entire career to the practice of family law in Tennessee. She attended Auburn University and Nashville School of Law, and upon graduation in 1996, she opened her own law firm and has been assisting families throughout Tennessee since then. Learn more about Karla C. Miller here.
