Can a parent who committed domestic violence get custody or visitation?
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)