If domestic violence is present in a marriage, it will play a significant role in a custody battle during a divorce. Although an abuser may confine his/her actions to the other spouse, the behavior still creates an unsafe environment. Studies show a strong link between spousal abuse and child abuse, and child custody lawyers in Smithtown will use these statistics when building a case. Below is a brief guide to child custody determination, as well as information on how a custody lawyer can help a client achieve a fair outcome.
How Custody is Determined
The reason for a judge’s custody decision is always made in consideration for the child’s interests. If a spouse faces domestic violence charges, that signifies that police have determined that a crime was committed. Judges use probability to determine custody, and a person’s past actions can affect their children’s future. If a spouse has not provided a healthy, safe environment in the past, they aren’t guaranteed to provide one after a bitter divorce.
Charges vs. Convictions
In most jurisdictions, domestic violence charges are enough to prevent the accused from having unsupervised visits with the children. In some areas, however, custody can only be taken away if the spouse is found guilty.
Sole vs. Joint Custody: The Major Differences
Joint custody occurs when parents share responsibility for child rearing. If either spouse is not allowed to be alone with the children, it means that the children’s other parent’s custody is sole. The custodial parent may allow the other spouse to visit the children and go on the occasional day outing, but that is not a requirement.
The main point to consider is that a child’s welfare is the custodial parent’s sole responsibility. Therefore, the custodial parent has the legal right to deny the non-custodial parent permission to see the children. The only exception occurs when a legal document stipulates that the non-custodial parent can visit the child under a prior arrangement.
Divorces can be emotional, and the stress is compounded when children and custody matters are involved. Child custody lawyers in Smithtown can provide more information on specific factors. Visit us today or call to schedule a free, no-obligation consultation.
