My husband is abusive, does it mean I automatically get custody? Does he still get visitation?

Accel Admin   July 28, 2015   Comments Off on My husband is abusive, does it mean I automatically get custody? Does he still get visitation?
  • 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 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.