Domestic Violence in Child Custody Cases

domestic violence

If you are leaving an abusive spouse, contact Hope today!

If you are proceeding with a divorce in the hopes of escaping an abusive situation, every step can feel like a potential land-mine. This becomes even scarier when children are in the picture. Abusive partners can threaten, guilt, or blackmail you to get their desires, and keeping them around perpetuates an unhealthy environment for the entire family. As the divorce goes forward, the separation of the abuser and you and your children is key. However, there are a few legal steps that must be taken to ensure the court sees what is best for the children.

Because court decisions regarding child custody and child support are made based on what is best for the child, it is key to show that the environment with the abuser is not healthy. Recording incidents of abuse is vital to this. Describe the location, the date and time, an account of injuries (including pictures or hospital statements). It can be difficult to relive these experiences, but ignoring them may mean that the court ignores them, too.

As the decision is made, the court will be considering things like whether the abuse was ever directed at the child, how much it affected the child, how often it occurred, and the criminal record of the abuser. Depending on the outcome, visitation rights can also be determined through this decision.

Leaving an abusive spouse is a dangerous situation. In addition to safeguarding your family by preparing emergency cash and supplies, finding experienced Scottsdale family law attorneys early on can be the help you need. At the Law Office of Hope E. Fruchtman, we are dedicated to keeping you safe and setting you on the path to a better future for your family.