DOES THE VICTIM OF DOMESTIC ABUSE AUTOMATICALLY GET CUSTODY OF THE CHILD? First, it needs to be determined if the domestic violence was a civil matter (PFA) or a criminal matter (Assault) - these are treated differently, so the answer would depend on which it is in your case. If there is evidence of civil domestic violence or child abuse or there is a PFA a, then this may be considered by the court as detrimental to the child. It is one of the factors in PA law, which the court looks at when determining what is in the best interest of the child when establishing a parenting plan, including the timesharing of the children. If the domestic violence resulted in either a misdemeanor or felony conviction for a parent, the court will determine what situation would best protect from further harm to the child or abused parent. The burden of proof would be on the convicted parent to show how the conviction and the past criminal behavior would not negatively affect the child.
Posted on: Tue, 30 Jul 2013 16:04:55 +0000
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