How do domestic abuse claims impact custody and visitation?

On Behalf of | Nov 5, 2018 | Domestic Violence |

In New York, just about every relationship that is coming to an end will have family issues that make the situation difficult. In extreme cases, people will be subjected to domestic violence and abuse. When there is a divorce and there are children involved, domestic violence can impact how custody and visitation is handled. With safety concerns, the law will address a custody dispute to protect the alleged victims. Understanding how this is factored in is critical to a case for both parties.

As custody and visitation is decided upon, domestic violence and allegations surrounding it will be considered. Simply because a parent has been accused of or is known to have committed domestic violence does not mean that he or she cannot be granted custody. The key issue that the judge will assess is the best interests of the child. By that metric, it is possible that either or both parents can receive custody and visitation.

Domestic violence can fall into many categories including mental, physical, emotional, economic and sexual abuse. It can happen once or it can be a pattern. For those who have been victimized, there are precautions that the court can take by shielding the person from his or her address being made public so the other person is not aware of it. When there are allegations or incidents of abuse, the court will try to do what is best for the child.

For the parent who is asserting abuse and the parent who was accused of abuse, understanding child custody and visitation and how it is addressed in these instances is imperative to the case. A law firm that is experienced with a wide array of family issues including abuse allegations can be of assistance. This is true whether there was a protective order or other steps taken to help the victim. Calling for legal help is a key to a case in which there was abuse and children are involved in a custody situation.