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It depends on what happened with the domestic violence issue. If the DV charge is against the children then YES, a court may not allow you to see your children at least temporarily until something changes where the court is no longer concerned about your conduct as a parent with the children. That may progress to what is known as supervised parenting time, which involves a third party approved by the court who is present during the time you spend with the kids, and a report is generated to the court. The amount of supervision and the need for supervision will change over time.
In Michigan, there are two types of custody, physical and legal custody. The physical custody is being with the kids, spending time with them, spending time with you, and the legal is the decision making process for the kids as a parent. If the case is against a child, the Child Protective Services will be involved and there will be layers of legal issues. As long as the domestic violence is not against one of the children, you will likely NOT lose custody of your children for a domestic violence charge. If Child Protective Services is not involved, and the case was simply a mom and dad fighting, and one is charged, there is nothing in place that would block you from being with your kids. The only way this would change is if one party files a case at the circuit court over custody or a full scale divorce. The non-defendant party will likely cite the domestic violence case and seek to limit or take away custody. The court uses the "best interest of the child" analysis, and generally speaking it is always in the best interest of a child to have both parents in their life as much as possible. So yes, custody could be impacted by a DV case in Michigan, but it is usually temporary if there is any change at all. |
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