The divorce process can put a lot of stress on both sides. But when domestic violence is part of the story, everything feels heavier and scarier. In Tennessee, the courts take allegations of abuse very seriously, especially when children are involved.
If you are involved in a domestic violence situation and are now seeking a divorce or wanting to gain custody, there are some provisions that could affect those decisions. Here is what you need to know about how domestic violence impacts custody and divorce proceedings.
Domestic Violence and Divorce in Tennessee
In Tennessee, you can get a “no-fault” or “fault-based” divorce. Abuse often falls under inappropriate marital conduct. That ground makes it unsafe or improper to keep living together.
While proving fault will not change the outcome of property division, it can affect alimony and other aspects of the divorce. For example, if domestic abuse or assault left you financially dependent, or if your spouse deliberately controlled money during the marriage, that could influence a judge’s decision about support.
What About Child Custody?
If children are involved, their safety becomes the top priority for Tennessee courts. These decisions are always made in the best interests of the child. When there is a history of domestic violence, judges are cautious about granting custody to the abusive parent.
The court will take a custody evaluation that looks at:
- Which parent can provide the safest and most stable environment.
- Each parent’s past involvement in caring for the child.
- The willingness of each parent to build a relationship with the other parent.
- Any history of physical, emotional, or verbal abuse.
When abuse is proven, the law decides that awarding custody to the abusive parent is not in the child’s best interest. However, that does not mean the abusive parent automatically loses all rights. In most situations, they will have restrictions like supervised visitation.
Parenting Plans and Safety Protections
All divorcing parents in the state must submit a parenting plan. This covers custody and visitation schedules. If domestic violence is part of the case, the court can step in to make sure the plan has steps in place to protect everyone’s safety.
That might mean:
- Visits under supervision.
- Exchanges taking place at neutral or monitored locations.
- No overnight visits for the abusive parent.
- Protective orders that strictly limit contact.
These plans are not to punish the parent, but to make sure children grow up in a safe, stable environment with no conflict or violence.
What About the Rights of Those Accused?
Being accused of domestic violence in Tennessee is serious, but an allegation alone does not automatically remove your parental rights. The law also protects accused parents. This makes sure that custody decisions are fair and based on evidence, not assumptions.
Keep in mind that courts do not assume guilt. Every parent is entitled to have claims fully examined before any custody or visitation restrictions are finalized.
In some cases, courts may impose supervised visitation to protect children during proceedings. However, full custody decisions are made only after credible evidence is reviewed.
Courts want to balance the child’s safety with fairness for both parents. Accused parents can also demonstrate responsibility by participating in counseling, parenting programs, or other corrective measures.
If you show a genuine commitment to your child’s well-being and safety, that can positively influence custody decisions.
We Provide Legal Help for These Serious Situations
Now that you know how domestic violence impacts custody and divorce proceedings, you can make a plan.
From custody decisions and visitation restrictions to financial support and protective orders, the law protects victims and children from harm. If you are in this position and don’t know where to turn, there are steps to take to protect your rights during divorce and child custody proceedings. At Easter & DeVore, Attorneys at Law, we can help. Schedule a consultation to discuss your options.
