For Survivors of Domestic Abuse and their Children: On Divorce, Separation, and Child Custody

Posted on Oct 14 2015 - 7:24am by Admin

ParentsNot all marriages last. Some fail and end amicably, but there are cases that involve domestic violence or child abuse. When considering divorce to get out of a violent relationship, there are certain factors to consider, most especially if children are involved.

Request for Child Custody Immediately

In case you decide to leave home without your abusive spouse knowing, head straight to the courthouse and request an emergency protective order that will give you legal custody of your children and prevent your spouse or partner from hounding you. This is critical, because without legal custody in place, your spouse may accuse you of kidnapping.

However, know that this custody order is only temporary. Creating a long-term arrangement for custody will be addressed more formally during the separation process — if you’re not legally married to the abusive party — or divorce process.

Whether temporarily or permanently however, know that the judge will base his or her decision pertaining to custody based on your child/children’s best interests. Likewise, while the court will take into consideration download game ppsspp android the governing state laws, history and evidence of domestic violence and the children’s safety will be the main considerations.

Visitation Rights, Seriously

Although allowing abusive parents to see their kids may seem preposterous, so long as they haven’t abused the children, they can still request for visitation rights. For your peace of mind, you can request all visitations to be supervised by a court-appointed supervisor, or a police escort, or a neutral third party.

You can likewise request to meet in public places, and request that your partner be totally sober and not be surrounded by certain individuals that you’re not comfortable being around your children. Majority of judges will be on board if the plan ensures the utmost comfort and safety of the children.

Seeking Legal Aid

Visitation rights and child custody issues are hard in any separation or divorce, but add to that a history of domestic abuse, and you’ll find yourself under more challenging circumstances. If you have the means to get a Long Island family attorney like, then do so. If not, you can always ask the local courthouse for help.

Don’t be afraid to make the right choice. Prioritize your safety and your children’s welfare.