If my husband was violent during our marriage, how are his child custody and visitation rights decided?

Several times during the marriage, Norman would become intoxicated, push and shove his wife, Suzie, and threaten to inflict bodily harm on her if she contacted the authorities.  Suzie is now divorcing Norman and wants sole custody of their two children.  Will the Alaskan court prevent from him from obtaining joint custody?  And what will the impact be as far as visitation is concerned?

Answers (1)

Alaskan law creates a rebuttable presumption against awarding joint or sole physical or legal custody to a parent with a history of committing domestic violence against the divorce spouse.  A parent is considered to have a history of perpetrating domestic abuse if the court determines that the parent has engaged in more than one incident of domestic violence or the parent caused serious physical harm. 

The violent spouse can overcome this presumption if a preponderance of the evidence shows that he or she does not engage in substance abuse and has successfully completed an intervention program for batterers.   For a spouse with a history of perpetrating domestic abuse, Alaskan law does not allow unsupervised visitation unless he or she establishes by a preponderance of the evidence that he or she does not pose a danger of harm to the child, was not abusing alcohol or drugs, had completed a substance abuse treatment program, and unsupervised visitation was in the child's best interests.

Contact A Lawyer

0people found this useful

(2 Votes)

Not sure where to start? Use this form to contact an experienced attorney. They will provide a free consultation and assist you with choosing the right path for your case.

Talk to a Lawyer

steps

Describe Your Case

Tell us more about your case so that we can show you lawyers that serve your area.

 
Please Log in to answer questions.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

LA-WS5:0.9.17.120126.12696+