When domestic violence appears in a custody case, it can change everything. North Carolina courts take domestic violence findings seriously when deciding what is best for a child. These findings can directly affect custody, visitation, and even parental rights.
If you’re going through a custody dispute involving domestic violence, you’re not alone. These cases are emotional, complex, and deeply personal. At Martine Law, we understand how painful this can be. Our experienced North Carolina family law attorneys guide parents through difficult times with honesty and care.
Get in touch now to know more about the effects of domestic violence findings on child custody.
What Are Domestic Violence Findings?
A domestic violence finding is when a judge determines that one parent has committed acts of domestic violence. This can include physical abuse, emotional harm, threats, stalking, or intimidation. You can read how the state defines domestic violence under North Carolina General Statute § 50B-1.
The court may make these findings after reviewing:
- Police reports and witness testimony
- Medical or photographic evidence
- Prior protective orders or criminal convictions
- Testimony from the victim or child
Even one confirmed act of domestic violence can strongly influence a custody order.
How Domestic Violence Findings Affect Child Custody in North Carolina
In North Carolina, custody decisions must always support the child’s best interests. When domestic violence is involved, safety becomes the top priority.
Impact on Legal and Physical Custody
If the court finds domestic violence occurred, it may:
- Limit or deny joint custody
- Award sole custody to the non-abusive parent
- Order supervised visitation for the abusive parent
- Require counseling or parenting classes
Under N.C. Gen. Stat. § 50-13.2(a), judges must consider acts of domestic violence before awarding custody or visitation. The goal is to ensure the child’s safety and emotional stability.
If you believe domestic violence may affect your custody rights, it’s crucial to speak with a lawyer early. Our team at Martine Law can help you present the right evidence and protect your relationship with your child.
What If You Are Accused of Domestic Violence in a Custody Case?
Sometimes, allegations of domestic violence arise during heated custody battles. Being accused does not mean you are guilty. But it does mean the court will take the claim seriously.
If this happens to you:
- Do not contact the other parent directly
- Follow all protective orders immediately
- Gather texts, emails, or witnesses that can support your side
- Consult a family law attorney as soon as possible
A strong defense can make the difference between supervised visitation and shared custody. You can explore your legal options with an experienced North Carolina custody lawyer.
Protective Orders and Custody: How They Work Together
A domestic violence protective order, or 50B order, can include temporary custody provisions. That means even before a full custody hearing, the court can:
- Grant emergency custody to one parent
- Restrict contact or visitation with the accused parent
- Order the accused to leave the home
Protective orders are designed to keep victims safe while the case proceeds. You can learn more about protective orders from the North Carolina Judicial Branch.
If you’ve received or are seeking a 50B order, it’s important to understand its long-term impact on custody. Judges often consider these orders during final custody hearings.
What Evidence Matters Most in Custody Cases with Domestic Violence Findings?
When domestic violence is part of your case, evidence is everything. Courts look for credible, consistent, and documented proof.
Important evidence can include:
- Police or incident reports
- Photos of injuries or damaged property
- Medical records showing harm or stress
- Texts, emails, or voicemails with threats
- Witness or neighbor testimony
Documenting what happened helps the court understand your child’s safety risk. Our team at Martine Law can help you collect and organize this evidence effectively.
Can an Abusive Parent Still Get Visitation?
In some cases, yes. Even when a domestic violence finding exists, the court may allow limited or supervised visitation if it’s considered safe. Judges can require supervision by a relative, social worker, or agency.
Sometimes the court also requires:
- Completion of anger management or domestic violence programs
- Ongoing counseling or therapy
- Neutral drop-off and pick-up locations
The judge’s main concern is the child’s physical and emotional safety.
If you are unsure about what to expect, talk to our attorneys. We can help you understand what the court may decide based on your situation.
What Should You Do if You or Your Child Is in Danger?
If you or your child is in immediate danger, call 911 right away. You can also reach out to the National Domestic Violence Hotline at 1-800-799-7233 or visit thehotline.org.
In North Carolina, you can request an emergency protective order through your local court. Visit nccourts.gov for guidance.
Once you are safe, it’s important to speak with a custody and family law attorney.
An attorney can help you file the right motions, request custody changes, and ensure your rights are protected under state law.
Key Takeaways
- Domestic violence findings can drastically affect custody and visitation rights.
- North Carolina judges prioritize the child’s safety above all else.
- Evidence such as police reports and protective orders can guide custody outcomes.
- Allegations must be taken seriously, even if you believe they are false.
- Having an experienced North Carolina family law attorney can protect your future and your child’s well-being.
Whether you are a survivor seeking safety or a parent facing accusations, understanding how the system works is essential. Martine Law is here to help you every step of the way with compassion, honesty, and local experience.
If you are involved in a custody case with domestic violence findings, contact Martine Law today or call +1 (704) 842-3411 to discuss your case confidentially.