Your child may be your number one priority, always. So if your spouse is creating an environment of physical, mental, or emotional abuse in your household, you may want to shield your child and put them in immediate safety. In other words, you may want to file for a divorce from your spouse and fight for sole custody over your child. For this, please read on to discover how domestic violence might affect a child custody order and how a seasoned New York City child custody attorney at Zimmet Law Group, P.C. can fight for the protection of your child at all costs.
How does domestic violence affect child custody in a New York divorce?
The New York State Family Court rarely awards a sole custody order to one parent. This is because the court holds that a child benefits from maintaining a close relationship with both parents. However, if you make a strong enough case proving your spouse’s history of domestic violence, you may be able to get the sole custody rights you were hoping for. This may entail police records of past reports of domestic disputes in your household; medical records for bodily injuries indicating signs of physical abuse; written communications from your spouse indicating signs of mental/emotional abuse; and more.
In this case, the court will consider your spouse to be an unfit parent. That is, they are a parent unequipped to provide their child with a safe, stable upbringing with their best interests at the forefront. With evidence of domestic violence in front of them, the judge may grant your spouse supervised visitation rights, at the very most.
It is worth mentioning that this may apply regardless of whether the incidents of domestic violence were directed toward you or your child. It may not even matter if your child was present or witnessed these incidents firsthand. Just like you, the judge will want your child to be shielded from any potentially dangerous situations like this in the future.
How else can I prove my spouse is an unfit parent to my child?
Past incidents of domestic abuse may not be the only indicator that your spouse is an unfit parent for your child. Rather, there are other arguments you may present to the New York State Family Court to fight for sole custody rights over your child. Without further ado, below are other legitimate, possibly relevant, examples of your spouse being parentally unfit for custody privileges:
- Your spouse has a history of substance abuse for which they have required treatment programs.
- Your spouse has mental health issues that they have yet to resolve with professional aid.
- Your spouse has physical health issues that hinder their ability to care for your child properly.
- Your spouse has a tendency to neglect or abandon your child while they are under their direct care.
- Your spouse has a tendency to abduct or kidnap your child while they are supposed to be under your direct care.
- Your spouse lives in an unsafe home environment (i.e., dangerous items decorate the home, violent roommates live in the home, etc).
To better understand your legal rights in the matter at hand, please seek the advisement of one of the sound and competent New York City matrimonial and family law attorneys. Please feel confident in knowing that our team at Zimmet Law Group, P.C. has significant experience in handling legal cases just like yours. So call us today.
