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Legal Information: U.S. Virgin Islands

Custody

Updated: 
November 30, 2023

What factors will a judge consider when deciding custody and visitation when there is domestic violence?

In addition to any other factors that a judge may consider when deciding custody or visitation, if the judge determines that there has been domestic violence, the judge has to consider each of the following:

  • the safety and well-being of the child and of the parent who is the victim of domestic violence;
  • the abuser’s history of causing physical harm, bodily injury, assault to another person or causing reasonable fear of any of these;
  • if a parent is absent or relocates because of an act of domestic violence by the other parent, this cannot be held against the victim-parent in determining custody or visitation.1

In addition, the judge will assume it is not in the best interest of the child to live with a parent if:

1) the parent has committed domestic violence;

2) the parent has been convicted for the death of the other parent; or 3) the child has been conceived by rape and the rapist is asking for custody. 2

In any of these situations, the judge will assume that it is in the best interest of the child to live with the non-abusive parent in the location of that parent’s choice, either in the Virgin Island or in another state/territory. However, the offender/parent can present evidence to try to change the judge’s mind.2

When deciding whether or not to allow visitation by a parent who committed domestic violence, the judge can allow visitation only if the judge believes that sufficient protections can be put in place to keep the child and the non-abusive parent safe. The judge can do any of the following:

  1. order the exchange of the child to be in a protected setting;
  2. order the visitation to be supervised and order the abuser to pay for some/all of the cost of the supervised visitation;
  3. order the abuser to attend/complete a batterers’ intervention program or other counseling as a condition of visitation;
  4. order the abuser to not drink alcohol or use drugs during the visitation and for 24 hours before the visitation;
  5. prohibit overnight visitation;
  6. require the abuser to post a bond (money) to ensure that s/he returns the child to the other parent and keeps the child safe; and
  7. require anything else that is considered necessary to provide for the safety of the child, the victim of domestic violence, or another family or household member.3

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