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Partners in Criminal Defense

Serving Central Alabama
Photo of attorneys Nicholas A Jones and Alyssa L Hawkins

Fathers accused of abuse may still win child custody

Alabama parents may be interested in learning that some research points to the fact that fathers are favored in child custody battles, even when the father has been accused of or has been proven to have engaged in abuse. Some believe that this happens because of long-held beliefs by psychologists, judges, and attorneys regarding the prevalence or pervasiveness of parental alienation.

Parental alienation is an idea that rose to popularity in the 1980’s. Basically, the theory is that a child can be pushed to hate or be ambivalent toward one of their parents by the other parent. The theory gained popularity to the point where many considered it to be gospel truth.

Another reason why some believe fathers who have been accused of or even proven to be abusive end up with custody is because of bias on the part of judges. Judges make decisions based on the law, but their personal experiences and history come into play.

These custody cases can take a financial toll on the mothers who are fighting to retain custody of children who they believe or know have been abused by the other parent. These mothers find themselves in the position of needing to come up with thousands of dollars for legal representation or run the risk of losing access to their children.

The courts and the government strive to make decisions that are in the best interest of the children. This is why some states are considering legislation that would allow a legislative panel to review some child custody cases and reverse decisions that are felt to be potentially harmful for the children involved.

A family law attorney with experience in child custody and visitation may be able to help a mother fighting for custody of her child by representing her in court proceedings. The attorney may be able to draw up documents, including visitation schedules and custody agreements. The attorney may be able to prove that the mother having custody is in the best interests of the children involved.

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