Do I automatically get custody if my spouse is abusive?

Do I automatically get custody if my spouse is abusive?

  • slide-3-pollackThe fact that there is domestic violence in the family does not necessarily mean that the victim of the domestic incident would be the one that would automatically get custody of children.
  • These decisions and determinations, like all other situations involving children in a divorce, are based upon facts that are so wide in scope, it would be hard for an attorney to determine what will happen.
  • It will certainly be a factor in determining custody when someone is a victim of domestic abuse.
  • There would certainly be relevance if Child Protective Services (CPS) were called and the court does a forensic study of the family with a psychiatrist (or psychologist) and finds that one party is suffering and the other person is dangerous.
  • The level, type, frequency and evidence of abuse, will all need to be discussed with an attorney.
  • There’s no really quick answer to that, but, generally speaking, if domestic violence is part of the family history, it could very well be a factor in favor of the victim getting custody.

Do I automatically get custody if my spouse is abusive?

Unfortunately, in Nassau and Suffolk Counties, there seems to be a large amount of domestic violence in families. Domestic violence can include physical abuse, verbal abuse and possibly even financial abuse. However, the fact that there is domestic violence in the family, does not necessarily mean that the victim of the domestic incident would be the one that would automatically get custody of the children. Just like everything else that has to do with children in a divorce, these decisions and determinations are based upon facts and circumstances of each case. It would be impossible for any attorney after one consultation, to determine what is ultimately going to happen. However, it is certainly a factor in determining custody when someone is a victim of domestic abuse and there is an abuser.

If Child Protective Services (CPS) is called, the court might perform a forensic study of the family with a psychiatrist, or psychologist, to see if domestic violence is indicated. Usually, if the professional will state in a report that the victim is suffering and the other person is dangerous, the abuse would have relevance in the case. Again, the level of abuse, the type of abuse, the frequency of abuse and whether or not the victim called the police or has actual evidence of the abuse, are all things that need to be discussed with an attorney. There’s no quick answer to this question, but, generally speaking, if domestic violence is part of the family history, it could very well be a factor, in favor of the victim getting custody of the children.

Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.

Read Our Latest Blog Posts

  •  Should I File For Divorce Before My Spouse Does?
  •  Domestic Abuse in New York State
  •  THE DIFFERENCE BETWEEN SEPARATE PROPERTY AND MARITAL PROPERTY IN NASSAU & SUFFOLK COUNTY NEW YORK