Still, in the hierarchy of factors to be considered, domestic violence predominates when there is credible evidence of it. If the court finds credible evidence that domestic violence has occurred, this evidence creates a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded sole or joint custody of a child. This presumption may be overcome only by clear and convincing evidence that the best interests of the child require that parent's participation as a custodial parent. The court shall cite specific findings of fact to show that the custody or visitation arrangement best protects the child and the parent or other family or household member who is the victim of domestic violence. A finding by the trial court about domestic violence is a factual determination that will not be reversed unless clearly erroneous.
Statutory interpretation is a matter of law that is fully reviewable on appeal.
We conclude the trial court in this case neither misinterpreted nor misapplied the domestic violence presumption. That was back in 1989. I told him to leave them alone. They are being kids. He just went wild.