The Impact of Domestic Abuse on Child Custody Cases
Oklahoma has one of the highest rates of domestic assault in the United States. Under Oklahoma law, domestic violence refers to any actual case of physical injury, sexual abuse, or threats to cause bodily harm to a household member (Otterstrom, 2023). This includes an individual’s current and former spouses, relatives by marriage or blood, and roommates.
According to research, approximately 49.1% of women and 40.7% of men in Oklahoma experience intimate partner violence in their lifetime (Clydesdale, 2023). Children are often victims of domestic abuse, either directly or indirectly. Therefore, allegations of domestic assault may influence a court’s decision regarding an individual’s involvement in their child’s life. Domestic abuse results in loss of child custody, restricted visitation rights, or termination of parental rights, depending on the severity of the assault charges.
A history of domestic violence may adversely impact a parent’s access to their child or guardianship. There are several circumstances under which domestic abuse claims may negatively affect a caregiver’s legal and physical custody. In this case, if a parent has previously been arrested for domestic assault or violence, such a record may negatively affect their chances of living with their child (Otterstrom, 2023).
In addition, the existence of videos, witness testimony, medical reports, and photographs, among other evidence to corroborate domestic abuse allegations, can affect a guardian’s custody or visitation rights (Otterstrom, 2023). Equally, if the spouse is the alleged victim in the domestic violence case and requests sole custody, the other party’s likelihood of getting custody is limited. Furthermore, if the child witnessed the assault, the perpetrator’s opportunity to exercise parental rights may be restricted (Otterstrom, 2023). Moreover, a child’s decision to remain with the other guardian can also impact a parent’s custody or visitation freedom. Thus, a parental link to domestic violence can negatively influence access to their child.
Parents convicted of domestic assault can lose their child custody rights. Oklahoma has embraced a zero-tolerance policy on domestic abuse charges that lead to a sentence. As a result, state law dictates that sole or joint custody should not be granted to a parent with a domestic violence conviction within the past five years (Otterstrom, 2023). Similar to other states, Oklahoma’s courts use ‘the child’s best interests” standard when ruling on child custody and visitation privileges (Otterstrom, 2023).
Hence, a guardian with a history of assault is considered unfit to bring up a child and incapable of creating a safe environment to guarantee the physical, mental, and emotional well-being of the minor. Therefore, if a protective order is issued and the judge rules that giving sole custody to the non-abusive guardian is in the minor’s best interests, the abusive caregiver may be granted visitation rights (Otterstrom, 2023). This implies any domestic assault charges affect a parent’s ability to live with their children or make major decisions regarding the minor’s life.
The visitation privileges are characterized by one or several restrictions for abusive parents who lose their children’s custodianship due to intimate partner abuse. In this case, the guardian’s visit may require supervision from a designated third-party agency or adult (Otterstrom, 2023). Another rule dictates that the parent’s interactions with the child occur in a protected environment. In other cases, the abusive custodian may be required to complete an intervention program for batterers that has been licensed by the Attorney General’s office (Otterstrom, 2023).
Similarly, the abusive party may be expected to avoid any controlled substances or alcohol for 24 hours prior to visiting the child (Otterstrom, 2023). Some circumstances may also necessitate perpetrators of domestic violence to undergo a lethality or danger evaluation in the presence of a qualified mental health expert. Equally, other conditions deny the abusive parent overnight visitations with a child until a certain period passes with no case of violence. Thus, not only does domestic assault affect a parent’s chances of getting custody, but it also places a lot of limits on visitation rights.
Extreme cases of domestic abuse can result in the termination of parental rights. A guardian’s rights to their child may entirely be ceased if they cause severe bodily injuries to the minor’s other parent (Otterstrom, 2023). In case of termination, the abusive guardian is not allowed to visit or be involved in the child’s life. This is an irreversible action that can never be undone regardless of abuse cessation (Otterstrom, 2023).
There are numerous circumstances under which a guardian’s parental privileges may be discontinued. This includes cases of murder or attempted manslaughter of any child. Similarly, killing or a homicide attempt on the child’s other custodian can attract a termination of guardianship rights (Otterstrom, 2023). In addition, sexual abuse of any child or a felony assault leading to severe bodily injuries to the child or their other parent can result in the discontinuance of parental ties with their offspring. Hence, serious domestic abuse incidents may make a parent lose all legal and physical rights over their child.
Emerging Trends Related to Domestic Violence and the Challenges They Pose
There are several emerging trends regarding domestic abuse in Oklahoma which have made the issue more volatile. One of the major shifts is the sharp increase in domestic violence incidents in the region. In 2020, there were 27,089 cases of abuse, which represented a 3% increase since 2019, with a higher percentage of the occurrences involving battery and assault (Bryen, 2021). Additionally, Oklahoma has reported the highest number of women killed by men in domestic violence events (Clydesdale, 2023).
This exacerbation of domestic violence presents a myriad of challenges, particularly to the children. In this case, the increase in battery cases affects a child’s psychological and emotional well-being, which, if not well-managed, may result in low self-esteem, distrust, anxiety, and challenges forming relationships. Similarly, it impacts their overall safety and deprives them of the opportunity to grow up with two parents because the abusive guardian may be incarcerated. Additionally, domestic assault incidents that lead to the death of one parent may force a minor into child protective services. This is because the abusive guardian cannot be given custody since they are unfit to offer a conducive environment for the child.
Another critical trend revolves around the recently passed House Bill (HB) 1639. The HB, which is intended to create the Domestic Abuse Survivorship Act, safeguards individuals charged with killing their abusive spouses or partners (Rose, 2023). It posits that courts should consider the evidence of a person’s physical, psychological, sexual, or economic abuse when ruling sentences involving the murder of an intimate partner. The bill stipulates that the existence of proof in the form of hospital reports, protective orders, and police records that validate the assault should limit the severity of the offense(Rose, 2023).
This HB targets to protect victims of abuse, especially women, against life sentences if they killed their abusive partners to safeguard their lives or their children’s. The bill poses a grave potential for misuse and may present complex concerns. There is a high risk that people may manipulate the bill’s provisions to justify murder, even in cases where there is no legitimate history of assault. Additionally, the bill does not effectively address the root causes of domestic violence to deter the occurrences before they result in homicide or adverse impacts on minors.
Recommendations
Several approaches can be used to address domestic abuse concerns in child custody cases to guarantee the safety of the young ones. Mandatory domestic violence screening and education for the involved parties is an effective approach to solving this problem. Any individual seeking custody or visitation privileges, whether a parent or relative, needs to undergo comprehensive abuse screening. Such screening would help evaluators identify signs of violence and make informed submissions to the court.
In addition, persons embroiled in custody cases need to engage in domestic abuse education exercises. These programs can offer detailed information on the adversities of assault on children and the available resources for support. This proposal’s strengths include early identification of domestic assault incidents, which can aid in averting any potential harm to a child. Similarly, the approach can raise awareness of domestic violence and foster behavior change, thus preventing any occurrences of abuse in the future. Most importantly, screening guarantees that the courts’ custody decisions are well-informed and considerate. However, this approach’s efficacy may be limited because some individuals may offer inaccurate information during screening, leading to biased judgments.
There is a need to offer comprehensive support services and supervised visitation in cases where domestic assault is a concern. Families involved in custody tussles require support services such as therapy to enable them to deal with the triggers of abuse adequately. Additionally, supervised visits for the guardian accused of battery may allow such a parent to connect with their child while guaranteeing the young one’s well-being and safety. Thus, providing critical social support and visitation privileges can assist in managing domestic violence issues during custody cases.
The benefit of this proposal is that it can efficiently address the underlying causes of abuse through the provision of counseling or therapy sessions. This can help avert future violence and enable both parents to be fully involved in the child’s life. Another advantage of offering support and visitation rights is that trained experts monitor the interaction and ascertain the minor’s safety. However, this approach has several limitations; for instance, supervised visitation might be considered to violate parental privileges, eliciting further conflicts. Furthermore, providing support and ongoing supervision necessitates vast resources, which may strain social services.
Domestic abuse allegations influence a court’s decision in child custody cases. In Oklahoma, parents with a history of assault are denied joint or sole custody of their children because they are perceived as unfit to provide a conducive environment for a minor’s growth and development. Depending on the severity of the abuse charges, abusive parents may be granted visitation privileges where they can connect with their offspring under the supervision of a third party.
Nevertheless, in extreme assault cases involving murder or attempted homicide to the child or the minor’s other guardian, the accused’s parental rights may be fully terminated, cutting off their ties to the child. Therefore, as incidents of domestic assault continue rising in Oklahoma, more support services such as counseling are needed to help the affected households address the underlying issues and ensure their children’s safety.
References
Bryen, W. (2021). Oklahoma domestic violence reports reach 20-year high. The Journal Record. Web.
Clydesdale, N. (2023). Study: Oklahoma has highest domestic violence rate in the country. KFOR. Web.
Otterstrom, K. (2023). How domestic violence affects child custody in Oklahoma. DivorceNet. Web.
Rose, B. (2023). Groundbreaking domestic violence bill passes Oklahoma house. KTUL. Web.