Can a parent who committed violence get custody or visitation?
A judge will consider any evidence of domestic or family violence by either parent, but it is possible that a parent who has committed violence will get custody or visitation.1
However, if the other parent was convicted of a crime involving domestic or family violence that was witnessed or heard by child, the judge must assume that it is in the child’s best interest to order that parent to only have supervised visitation. The supervised visits would last for one to two years following the crime involving domestic or family violence or until the child becomes emancipated - whichever occurs first. The parent, however, can try to show evidence to the judge to change the judge’s mind and ask that the visits not be supervised. As a condition of granting the noncustodial parent unsupervised parenting time, the judge may require the noncustodial parent to complete a certified batterer’s intervention program.2
It is recommended that you seek legal advice from a lawyer to assist you in a custody case involving domestic violence issues. For information on how to find a lawyer see our Indiana Finding a Lawyer page.
1 Ind. Code § 31-17-2-8(7)
2 Ind. Code § 31-17-2-8.3