How Domestic Violence Affects Child Custody in New York Family Law

Divorce and separation are never easy. But these highly emotional cases are complicated even further when children are involved. When determining who gets custody of a child or children, judges in New York family law courts consider numerous factors. This includes any incidents of abuse or neglect, including domestic violence. Here is what you should know about how domestic violence affects child custody and visitation. 

How Judges Decide Custody

If you and the child’s other parent cannot agree on custody, you can file a Petition in Family Court requesting custody. The judge will decide based only upon what is in the child’s best interests. In New York, there are a host of factors a judge can consider, based upon the facts of the case. However, they will always consider allegations of domestic violence or child abuse. The judge will consider if either parent has abused the child. If you have been in a relationship since separating from the child’s parent and your new partner is abusive to either you, the child, or both, this will also be considered. You may not expose the child to an abusive boyfriend or girlfriend.

How Visitation Rights Are Determined 

Generally, courts consider it best if a child has a relationship with both parents. Therefore, if a person has an isolated incident of domestic violence, the judge will likely still permit that parent to  have contact with the child with safeguards in place if necessary. However, if there have been multiple incidents of domestic or child abuse, the Court will step in and permit only supervised visitation. However, supervised visitation is an extreme remedy and can only be ordered after a full hearing, including witness testimony. If there is extreme abuse, including physical injury or sexual abuse, visitation will not be allowed, and an Order of Protection granted.

If you’re in need of a family law or divorce attorney in Monroe County, NY, turn to Thomas A. Corletta, Attorney & Counselor at Law. Located in Rochester, this respected lawyer has provided legal advice and representation for nearly 40 years. From child custody to Chapter 7 bankruptcy and DWIs to divorce, Mr. Corletta provides guidance for a wide range of legal issues, something few practices can match. Call (585) 546-5072 to speak with his assistant to arrange a consultation. Or visit the website to learn more about the practice and how he can help you.