Will I receive Sole Child Custody After a Domestic Violence Incident?

Posted February 14th, 2014 by .

Categories: Domestic Violence, Family Law.

Your wife has a dangerous temper and your fights are pretty legendary. One fight had gotten so out of hand, the police were called to your house and your wife was charged with domestic violence. You finally had enough and began divorce proceedings. But there’s the problem of the children. Your wife wants custody but you’re afraid to leave the children with her. Can you file for and successfully receive sole custody?

According to the National Violence Against Women Prevention Research Center at Medical University of South Carolina, at least 3 million children and 10 million teenagers are exposed to domestic violence each year.  And most definitely, domestic violence does play a major part when custody is considered by the judge. When considering custody, the judge will take into account the following:

  • Whether the act had an effect on or was directed at the child
  • Whether the guilty party is still a danger to the child or other parent
  • If there was a pending criminal case
  • Or any physical evidence of child abuse

If the judge decides to grant your wife visitation to the child, her visits will be supervised. Chances are, overnight visits will not be allowed until your wife has proven she is no longer a threat to either yourself or your child. But there is the fear that your wife could be a threat to your child so sole custody may be possible. In any case, you will want to contact The Law Offices of Anthony Carbone, PC. He will make sure you and your child will be protected by the law. For more information on domestic abuse, click here.

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