5 Things A Judge Considers During A Divorce Before Awarding Custody When One Spouse Was Abusive


If you are going through a divorce, you may be concerned about gaining custody of your child, especially if your spouse was abusive. The judge who will make the final decision concerning the living arrangements of your minor child will consider several points. Here are five things that can affect his or her custody decision:

Will your child be well supervised?

When determining where the child will primarily reside, the judge will consider the level of supervision that a parent can provide. If a parent is unable to spend time with a child due to long work hours or constant travel, the parent may not be able to supervise the child effectively. 

Was your child abused?

If your child was abused by you or your spouse, the judge is more likely to place the child with the "safe" parent. Documented instances of physical harm or neglect can prove that custody with a certain parent is not in the best interest of the child.

Was there domestic violence in your home?

If you allege domestic violence during your custody battle, the judge will consider your allegations. However, in cases where there is proof of spousal abuse, such as the issuance of a 209A protective order, the judge will not award joint legal custody unless he or she believes it is best. In such a case, the judge is required to explain his or her reasoning in writing.

Do you or your spouse have a record of substance abuse?

If you or your spouse has suffered from an addiction to drugs or alcohol in the past, the judge may consider the amount of time that you have been drug and alcohol-free. However, if there is evidence that alcohol or drugs are currently being abused by a parent, the judge is apt to award custody to the sober parent.

Which parent has been the primary caregiver?

The judge will also consider which parent has been the primary caregiver of the child. If you have assumed the primary parenting role for your child and there are no signs of neglect, the judge may be more likely to award custody to you. The judge will consider the arrangement that is least disruptive or traumatic to the child. 

If you are going through a divorce, you may be concerned about getting primary custody of your child. Any abuse that you or your child has suffered from the other parent needs to be disclosed. Discuss the details with a professional custody lawyer, like Timothy L Hitchings, as soon as possible.  


29 June 2015

divorce - tips for fathers fighting for custody

Divorce is never an easy situation. For fathers, it can be even more stressful because it is more difficult to obtain custody of the kids. Having gone through a divorce myself, I learned quite a bit about the additional steps that fathers should go through to ensure that they have a fair chance at gaining custody of the kids. My site is filled with the tips and advice that I received from my lawyer and other fathers that have gone through the same thing. Hopefully, what you learn on my site will help you achieve the outcome that you hope for.