Although it is the job of the courts to determine the best possible situation for children in deciding which parents should retain custody, lies against the character of the father can often prevent these individuals from being able to see their kids.
David T. Pisarra, writing for the Huffington Post, noted that the area of domestic violence within legal battles for children began to take center stage in the 1990s.
Though the legislation was passed with the best intentions – protecting spouses from physical abuse – the contention in divorce courts can sometimes carry too much weight.
According to the Post, the legislation that exists in 32 states notes that the spouse only needs to claim that they were “afraid” of potential abuse in order for it to exist in the eyes of the law.
The utterance of this can lead to a father being denied custody rights and potentially can bar them from ever seeing their child alone again.
The news source reported that in the court’s rush to avoid tragedies through a “zero tolerance policy” claims of domestic violence have become a way for mothers to gain sole custody, regardless of whether it is true or not.