Can a parent who committed violence get custody or visitation?
The judge will consider many factors when deciding custody and visitation, including past and present violent or abusive behavior.1 Specifically, the judge will consider if the parent or someone in his/her household has been convicted of or has pleaded guilty or “no contest” to any of the crimes listed in section 5329 of the law. The judge must also consider it if the person was convicted of or pleaded guilty to a similar crime in another state. The judge must review this criminal behavior and determine that the person does not pose a threat of harm to the child before granting any form of custody or visitation.2
Certain crimes would make it very difficult for a parent to get custody. If a parent is convicted of murdering the other parent, s/he cannot get custody, partial custody, or supervised physical custody unless the child is old enough to consent to it.3 Also, if a parent was convicted of a sexual offense that caused the child to be conceived, that parent may not be able to get custody. For more information, go to If my child was conceived from sexual assault, can the offender get custody or visitation?
In addition, the judge must consider child abuse when determining custody. If the child was the subject of an “indicated” or “founded” report of child abuse, the judge must consider whether a party or a member of the party’s household was identified as the perpetrator as well as the circumstances of the child abuse. The judge must also consider whether or not the person seeking custody or a member of his/her household was ever provided services by Child Protective Services and the circumstances surrounding those services.4
1 23 Pa.C.S. § 5328(a)(2), (a)(2.2), (a.2)
2 23 Pa.C.S. § 5329(a)
3 23 Pa.C.S. § 5329(b)
4 23 Pa.C.S. § 5329.1(a)