Stillwater family law attorney, Matt Ludt, shares how domestic abuse impacts child custody and child support cases.
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Both Minnesota and Wisconsin law are pretty sensitive to how domestic abuse and domestic violence comes into family court actions. It’s not fair for someone that’s been the victim and the subject of abuse to have to unduly consult with their abuser or their former abuser in making decisions regarding their children when that abuser’s demonstrated a history of putting their control of the other person and control of the children ahead of the best interests of the child, let alone is going to use that historical control and domination to continue to influence those decisions and get their way. And so, a lot of times, for instance, under Minnesota law we have a presumption that the parties are gonna share joint legal custody, the decision making regarding the children. That presumption under statute flip flops, and there’s a presumption of sole legal custody when there’s been a history of domestic abuse, because we, again, we don’t wanna have to have the victim consulting their abuser to make the decisions for the children. And then, also, as it comes up to we can have supervised parenting time if there’s still concerns for their anger management or domestic violence, we can have some other protections under law where we keep addresses confidential and protective orders to make sure that the children and the victim of domestic abuse stays safe.