Custody

If the judge believes a parent committed domestic violence, the judge must think about this when deciding where the child should live and if the abuser should get visits.¹

There is a “rebuttable presumption,” which means the judge will assume it is in the child’s best interest to live with the non-abusive parent. However, the abuser can present evidence to try to change the judge’s mind.²

The judge can only allow the abuser to get visits if there are enough protections in place to keep you and your child safe.³ To read about how the judge can protect you and your child, go to What protections can the judge order to make sure my child and I are safe during visitation?

¹ 16 V.I.C. §§ 109(b),(d),(e); 91(b)
² 16 V.I.C. § 109(b)
³ 16 V.I.C. § 109(d)