My Abusive Husband Wants Child Custody. What Do I Do?

Posted December 7th, 2016 by .

Categories: Domestic Violence, Family Law.

domestic violence and child custody anthony carboneYou and your children finally escape from your abusive husband’s grasp. You apply for a restraining order and begin divorce proceedings against him. You assume that you will be granted sole custody of your children so you don’t worry too much about a custody battle. Until you find out that your soon-to-be ex wants child custody. Is there a way to prevent him from seeing your children?

It’s a sad situation, and what that happens quite often. Domestic violence does not only tear apart a family, but your children can be stuck right in the middle of things. And just because you don’t want to see your former partner ever again, your children may have a different feeling.

When it comes to child custody in New Jersey, the court uses the child standard to determine who gets the child. This means the judge will award custody per the child’s best interest. There’s a list of factors the court will consider, such as:

  • Whether the parents can agree, communicate, and cooperate in matters that relate to the children
  • If there’s a history of abuse in the family
  • Whether the child and either parent is safe from abuse by the other parent
  • The stability of the environment
  • The fitness of the parents

What also is important is whether a restraining order is placed against one of the parents by the other. You will also need to show if there is a history of domestic abuse present and whether the child or yourself is safe from abuse by the other parents. Some factors that may be considered in this decision include:

  • If the abuse had an effect or was directed to the child
  • Whether the child or other parent is in danger
  • The severity and frequency of the abuse
  • Any pending criminal charges against the parent
  • physical evidence of abuse

It’s also important to have an excellent divorce attorney by your side who has experience in not only child custody cases, but domestic violence claims. Jersey City family law attorney Anthony Carbone has the experience you’re looking forward. Contact the Law Offices of Anthony Carbone today for a free consultation.

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