In Georgia, domestic violence plays a significant role in child custody decisions. Courts prioritize the best interests of the child, and a history of domestic violence can greatly affect a parent’s custody rights.
1. How Domestic Violence Affects Custody Decisions
Georgia courts consider evidence of family violence when determining:
✅ Legal Custody (decision-making power for the child)
✅ Physical Custody (where the child primarily lives)
✅ Visitation Rights (whether a parent can have contact with the child)
If one parent has a history of domestic violence, the court may:
- Restrict or deny custody to protect the child’s safety
- Limit visitation (e.g., require supervised visits)
- Order anger management or counseling before allowing parenting time
2. Legal Standards in Georgia
Under O.C.G.A. § 19-9-3, judges must consider any history of domestic violence before awarding custody.
- A parent convicted of family violence is presumed unfit for custody.
- Even without a conviction, courts may deny custody if there is strong evidence of abuse.
- Courts may order a Guardian ad Litem (GAL) to investigate claims of abuse and recommend a custody arrangement.
3. Visitation Restrictions for an Abusive Parent
If a parent with a history of domestic violence is granted visitation, courts may:
✅ Require supervised visitation (the parent can only visit the child with a court-approved supervisor present).
✅ Prohibit overnight visits.
✅ Require exchanges to happen in a public place or through a third party.
✅ Mandate the abusive parent to complete anger management or parenting classes.
If the abuse is severe, the court may terminate all visitation rights.
4. Protective Orders & Custody
If a victim of domestic violence has a Temporary Protective Order (TPO) against the other parent, the court may suspend or modify custody and visitation rights.
A TPO can:
- Grant temporary custody to the non-abusive parent.
- Restrict contact between the abuser and the child.
- Order law enforcement to enforce custody modifications.
5. Proving Domestic Violence in Custody Cases
If you are seeking custody and want to prove domestic violence, you should gather:
- Police reports or arrest records
- Medical records (showing injuries)
- Protective orders (TPOs)
- Witness statements (neighbors, teachers, family members)
- Text messages, emails, or voicemails showing threats or abusive behavior
6. Can an Abusive Parent Ever Regain Custody?
If a parent completes counseling, parenting classes, or other court-ordered programs, they may petition for custody modifications. However, they must prove that:
✔ They have changed their behavior.
✔ Gaining custody is in the child’s best interest.
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Key Takeaways
✅ Domestic violence can lead to loss of custody or restricted visitation.
✅ Courts prioritize child safety when deciding custody.
✅ Evidence of abuse (police reports, TPOs, medical records) can strongly impact the case.
✅ Abusive parents may be allowed supervised visitation but are unlikely to get primary custody.
If you or someone you know is in a custody battle involving domestic violence, it’s critical to seek legal assistance.
