When you experience violence at the hands of an intimate partner, it can be extremely challenging to leave. However, if you’ve taken the steps to file for divorce, your next worry may be the safety of the children you share with that person. If you’re having trouble navigating your child custody case because you have experienced abuse by your child’s parent, you’ll want to reach out to a Nassau County domestic violence lawyer as soon as possible is essential to protecting yourself and your child. Keep reading to learn more about how domestic violence in child custody cases is handled by courts.
What Constitutes Domestic Violence?
Domestic violence is a serious matter and a broad term to describe a range of crimes that a person can be charged with as a result of carrying them out against another person. In New York, the following offenses can fall under the domestic violence classification:
- Assault
- Sexual abuse
- Reckless endangerment
- Harassment
- Stalking
- Coercion
- Intimidation
It is important to note that these are not the only crimes one can commit that could be considered abuse, but some of the most common crimes.
Generally, domestic violence is a form of abuse that occurs between people who have an intimate relationship. This includes people who share a child, are in a romantic relationship, or between siblings and other blood relatives. However, children who experience this violence are not considered domestic violence victims but rather victims of child abuse.
Do Courts Consider Domestic Violence in Child Custody Battles?
When a couple who share a child separate or divorce, the courts consider several factors when awarding custody to parents. One thing that they will consider is whether either parent has a history of violence and if the child will be safe in that parent’s custody.
It is up to the courts to ensure that the child’s best interest is guaranteed when awarding custody. This means you should present evidence of domestic violence where it exists, as this can significantly impact the outcome of a custody case.
In general, the courts believe placing the child in the custody of an abusive and violent parent is not in the child’s best interest. Many courts also consider whether or not the child will continue to witness violence between partners if they live with an abusive parent. However, they may grant supervised visitation or order them to complete anger management, counseling, or parenting courses in order to spend time with the child.
When going through a divorce with a violent partner, ensuring you do what you can to protect your child is essential. Hiring a competent and compassionate attorney is a great place to start. At Barrows Levy, we will do everything possible to ensure your child’s best interest is first and foremost. Contact us today to learn more about how we can help you is essential.
