Domestic violence is a serious issue. According to statistics, on average, every year nearly 20 people per minute are physically abused by an intimate partner which equates to more than 10 million women and men. Unfortunately, domestic violence is present in many marriages and negatively affects the well-being of an individual. For some, domestic violence leads to divorce. When a couple with children undergoes a divorce, they will have to agree on a custody agreement. Child custody is often a contested issue. Couples typically cannot reach a mutual custody agreement on their own. When that is the case, a judge will determine an appropriate custody agreement. Unfortunately, this is an issue many couples face. With that being said, many couples wonder whether it could impact a child custody determination. The court examines a variety of factors to determine a custody arrangement that prioritizes the best interests of the child. Please continue to follow along to learn whether domestic violence can impact a child custody case and how a determined Rockland County Child Custody Attorney can help you today. 

How does domestic violence impact child custody cases in New York?

In New York, to determine a child custody agreement, the court will evaluate several factors including the child’s relationship with each parent, each parent’s ability to care and provide for the child, the mental health of each parent, and other pertinent factors. The court will consider a variety of factors. However, as mentioned above, the court’s primary concern is determining what custody arrangement would be in the best interests of the child. The court values protecting the physical, mental, and emotional well-being of a child.

Alongside several other factors, the court will consider any allegations of domestic violence and child abuse. In some cases, the court may grant custody to a parent who has committed domestic violence. The court believes that it is in a child’s best interest to have a relationship with both parents, even if one of their parents commits domestic violence. With that being said, domestic violence is only one of several factors the court takes into account when determining a custody agreement. However, the court will not grant custody in extreme circumstances. Nevertheless, domestic violence can impact whether a parent receives some form of parenting time if they are not granted custody. If a parent can prove to a judge that their child’s physical, emotional, and mental health would be in danger if the other parent was granted parenting time to a parent who has committed domestic abuse, the court may order supervised or limited visitations.

If you are a victim of domestic abuse and you believe your child’s well-being would be in danger if the child’s other parent was granted custody or parenting time, reach out to our dedicated team members. Our firm is committed to helping our clients protect their children.