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Will a domestic abuse allegation derail your custody case?

On Behalf of | Jul 8, 2021 | Child Custody |

If your former spouse accused you of domestic violence in Nebraska, that accusation could come back to haunt you during your child custody case. The judge may take recent accusations into consideration as well as accusations from several months ago. Regardless of whether the accusations are true or not, the judge will likely incorporate them into your court case.

Could these accusations affect your chance of getting custody?

The judge doesn’t automatically assume your estranged spouse is telling the truth when they accuse you of domestic violence. If they don’t have proof to back it up, it might not affect your child custody case. However, the accusation might damage your case if you have an ongoing criminal case or a conviction on your record. Similarly, a police report could threaten your chances of getting custody.

You might lose custody if your estranged spouse has pictures, videos or other pieces of evidence that bolsters their case. Other factors might include how often the alleged abuse went on, whether you allegedly threatened the child or how dangerous you might be. If the judge rules that you committed domestic violence, you might lose custody of your child. You might retain some visitation rights, but you could lose those if the accusations are similar enough.

Do you lose custody forever if the judge rules against you?

Even if you lose custody in one hearing, it doesn’t mean you’ll never get custody again. Your attorney may suggest ways to regain custody. For example, you could go to rehab or take an anger management class to show that you’re willing to improve yourself. Over time, the judge might let you start with supervised visits and gradually advance to partial custody. If you’re dealing with false accusations, your attorney might be able to keep it from getting this far in the first place.