Custody

If the judge believes domestic violence occurred, s/he must consider other factors in addition to the usual factors that a judge considers to decide what custody and visitation are in the child’s best interests. The additional factors are:

• making sure the child is safe and well;
• making sure you are safe and well;
• looking at the abuser’s history of assaulting, physically injuring, or making someone reasonably afraid of being assaulted or physically injured; and
• not holding it against you if you moved or left to escape domestic violence by the other parent.¹

In some cases, the judge will assume that an abusive parent should not have physical custody.² To learn more, go to Can a parent who committed domestic violence get custody or visitation?

When it comes to visitation, the judge must be sure there are enough protections in place to keep you and your child safe.³ You can read more about these protections in What protections can the judge order to make sure my child and I are safe?

¹ 16 V.I.C. § 109(c)
² 16 V.I.C. § 109(b)
³ 16 V.I.C. § 109(d)