Protecting Child Safety

In child custody cases involving an abusive parent, courts prioritize the child’s safety and wellbeing above all else. Evidence of domestic violence can significantly limit an abusive parent’s access—often resulting in restricted visitation, supervised parenting time, or, in some cases, no contact at all. Judges are required to consider the impact of abuse on both the child and the other parent, and they may deny custody or parenting time if it would place the child at risk.

The client first came to SMRLS while living in a motel and already in default on a custody case filed by her child’s father—a man with a documented history of domestic violence. SMRLS immediately helped her draft and file an answer, prompting the father to withdraw his petition, and secured a Safe at Home address to protect her location. Soon after, the child’s paternal grandparents filed their own action seeking third‑party custody and a visitation schedule that effectively mirrored what a non‑custodial parent would receive. SMRLS identified that the third‑party custody petition failed to meet statutory requirements and successfully negotiated its early dismissal.

When the grandparents pursued expansive visitation, SMRLS argued that their request overstepped the bounds of grandparent visitation law. The court agreed, ordering a limited, age‑appropriate, and graduated schedule with strict safeguards: the client’s confidential address remained protected, and the grandparents were prohibited from allowing the abusive father any contact with the child. Through persistent legal advocacy, SMRLS prevented the client from losing custody of her 2.5‑year‑old child and ensured that neither the father nor his relatives could use the court system to undermine her safety.

Today, the client retains full custody, has a safe and appropriate visitation structure in place, and is living in stable housing with no contact from the abusive parent. SMRLS’s intervention not only resolved the legal threats she faced but fundamentally change the trajectory of her life and stabilized the family’s future.

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