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How Does Domestic Violence Affect Child Custody and Visitation? Domestic violence affects millions of Americans every day. Courts have now become more familiar with domestic violence and the detrimental consequences it has to victims, families, and society. Accordingly, Courts factor the presence of domestic violence in households when making child custody and visitation decisions. There was a time when the Courts did not have to take into account domestic violence when making determinations of child custody. However, Domestic Relations Law Section 240(1)(a)(4) was revised in 1996 and now the Court must consider the effects of domestic violence when making decisions about custody and visitation. Specifically, domestic violence against either a parent or a child, even if such violence was not committed in a child’s presence, is factored by the Courts.