Domestic Violence and Child Custody | What You Need to Know

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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.

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We have an excellent AVVO rating from our many happy clients

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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