If you are a parent, you are likely incredibly protective over your child and his or her well-being. As a result, you would want to keep your child away from anyone who might cause him or her harm. However, this becomes especially difficult when this dangerous person is your child’s other parent. Domestic violence can make custody situations extremely complex. As a result, it is important to work with an experienced family law attorney who can advocate for you and your child. Read on and contact a Suffolk County child custody attorney to learn more about how domestic violence can impact a child custody arrangement in New York.
How can child custody be affected by an act of domestic violence?
In New York, there are two main forms of custody: physical and legal.
Physical custody is awarded to the parent with whom the child spends more nights of the week. This parent is mainly responsible for providing the child with necessities, including a stable home, clothing, education, and more. Even if one parent has physical custody, the child may still spend time at the other parent’s home. In some cases, parents work to split physical custody. The other type of custody is legal. This refers to a parent’s right to make important decisions in the life of his or her child. These decisions may involve education, medical treatments, religion, and so on. In rare cases, a parent may lose custody entirely. This can occur when a parent is deemed unfit. When this happens, the fit parent will generally be awarded sole custody. In order to prove that a parent should be deemed unfit, you will have to provide evidence of abuse. This can be domestic violence and/or drug/alcohol abuse. To provide this proof, it is important to work with an experienced attorney.
How is custody determined?
In order to determine which parent should have which type of custody, a judge will consider numerous factors. Some of these factors include the parent’s financial status, his or her ability to provide a stable home for the child, the child’s preference, and more.
How does domestic violence impact custody?
If your child’s other parent has a history of domestic violence, he or she may not be awarded custody. It is important to note that this does not mean the parent will have no contact with the child. In many cases, the parent will be awarded visitation. These visits may be supervised or unsupervised, depending on the situation. In some cases, a third-party chaperone may be involved.
Our team of experienced and passionate attorneys will advocate for you throughout all of your family law matters. When your child’s well-being is at stake, there is no time to waste. Reach out today to discuss your case.