Child Custody

The Impact of Domestic Violence on Child Custody Cases in New York

Posted on by Jean Mahserjian
Child custody disputes can be complex and emotionally charged, especially when allegations of domestic violence are involved. In New York, the safety and well-being of children take precedence in custody decisions. Domestic violence is a serious issue, and when it is a factor in a child custody case, it can significantly affect the outcome. The courts in New York take allegations of domestic violence very seriously and consider the best interests of the child as their primary concern. In these cases, the courts will closely evaluate whether there is a history of abuse and how it might affect the child’s welfare. 

How Domestic Violence Affects Custody Decisions in New York The Impact of Domestic Violence on Child Custody Cases in New York

In New York, courts have a legal obligation to assess allegations of domestic violence when making child custody decisions. Domestic violence is not limited to physical abuse—it also includes emotional, psychological, and verbal abuse. The court’s primary focus is always the safety and well-being of the child. If a parent has a history of abusive behavior, it can significantly affect custody arrangements. If one parent is found to be abusive, the other parent may be granted sole or primary custody, depending on the circumstances. In some cases, the abusive parent may still be granted visitation rights, but those rights may come with restrictions to protect the child, such as supervised visitation.

Legal Framework Governing Domestic Violence and Custody

Under the New York Family Court Act, the courts are required to consider domestic violence when determining child custody. The law recognizes that children should be protected from exposure to domestic violence, as it can have long-lasting emotional and psychological effects. A history of domestic violence may lead to one parent being awarded custody and the other parent being granted limited or supervised visitation. In some instances, the court may also impose a restraining order against the abusive parent to prevent further harm. If there are any indications that the child may be at risk, the court will take steps to ensure the child’s safety, which could include limiting or eliminating visitation.
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The Role of Evidence in Domestic Violence Custody Cases

For the court to make an informed decision, evidence of domestic violence must be presented. This evidence can take various forms, such as police reports, medical records, testimonies from witnesses, and even the child’s statements, if appropriate. In many cases, the court will also rely on the findings of child protective services if an investigation has been conducted. The evidence will help the court determine whether the allegations of abuse are credible and how the abusive behavior may have affected the child. It is essential for parents involved in a custody dispute involving domestic violence to work with an experienced family law attorney to gather and present strong evidence.

Impact on Visitation Rights

Even if a parent is granted visitation rights, domestic violence can still have a significant impact on those rights. If the court finds that a parent has been abusive, visitation may be allowed but under strict supervision. Supervised visitation ensures that the child’s safety is protected while still allowing the parent to maintain some level of contact with the child. In some cases, the court may require the abusive parent to attend counseling or anger management programs before they are allowed unsupervised visitation. The court will only consider unsupervised visitation if the abusive parent can demonstrate that they are no longer a threat to the child’s safety.

Protecting the Non-Abusive Parent’s Rights

In situations where one parent has been the victim of domestic violence, it is important to understand that they also have legal rights. The non-abusive parent has the right to seek legal protection for themselves and their child. An experienced family law attorney can help the non-abusive parent navigate the complex custody process, ensuring that their rights and their child’s safety are prioritized. This may include seeking an order of protection, obtaining full custody, or ensuring that visitation rights are properly supervised.

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How Courts Evaluate Allegations of Domestic Violence

When a parent makes an allegation of domestic violence, the court will carefully evaluate the evidence. The court will consider the severity of the abuse, the impact on the child, and whether the abusive parent poses a continuing risk to the child’s safety. The court will also look at the history of the parents’ relationship, including any previous incidents of violence, criminal convictions related to abuse, and whether any protective orders have been issued in the past. The child’s age and emotional maturity may also be taken into account if the child has been exposed to the abuse or is old enough to express their wishes. Ultimately, the court’s goal is to make a decision that ensures the safety and well-being of the child, even if that means restricting or eliminating visitation with the abusive parent.

The Role of a Family Lawyer in Domestic Violence Cases

Navigating a child custody case involving domestic violence can be overwhelming and complicated. It is essential for parents to have legal representation to help them understand their rights and advocate for their child’s safety. A skilled family lawyer who specializes in domestic violence cases can provide invaluable guidance. The lawyer will help gather the necessary evidence, file any necessary motions or requests for protection, and represent the client in court. They will also help the non-abusive parent navigate the emotional challenges of the process while working toward a resolution that protects the child’s best interests.

What Happens If Allegations of Domestic Violence Are False?

In some cases, allegations of domestic violence may be exaggerated or false. While courts take domestic violence allegations seriously, they also understand that accusations can be made for various reasons, including as a tactic in custody disputes. If false allegations are made, it can negatively impact the accused parent’s ability to maintain a relationship with their child. It is crucial for both parents to be honest and provide truthful information to the court. False accusations can have severe consequences, including the loss of custody rights or restrictions on visitation. In such cases, it is essential to present clear evidence that can refute the allegations and demonstrate that the accused parent poses no threat to the child’s safety.

The Impact of Child Exposure to Domestic Violence

One of the most significant factors in determining custody in cases of domestic violence is the child’s exposure to the abuse. New York courts recognize that witnessing domestic violence can have severe psychological effects on children, even if they were not directly harmed. Children who witness violence in the home may experience anxiety, depression, behavioral problems, and difficulty in relationships later in life. Courts take this into account when determining custody and visitation, as the child’s emotional and psychological health is a primary concern. If a child has witnessed domestic violence, it may impact the court’s decision to award custody to the abusive parent, as the court may determine that the child’s exposure to that parent is harmful. Courts also consider whether the abusive parent has shown remorse for their actions and whether they have taken steps to seek treatment or counseling. If the abusive parent has not sought help, the court may be less likely to grant them unsupervised visitation or shared custody. Domestic violence can significantly impact child custody decisions in New York. The courts take these matters seriously, always prioritizing the safety and well-being of the child. If you are involved in a custody dispute where domestic violence is a factor, it is crucial to seek legal assistance from an experienced family law attorney. A lawyer can help ensure that your child’s safety is protected, that your rights are defended, and that you receive the necessary legal protections. At Mahserjian & Mahserjian-Ortiz, PLLC, we specialize in family law and can help you navigate the complexities of child custody cases involving domestic violence.

Contact Mahserjian & Mahserjian-Ortiz, PLLC

If you are facing a child custody issue involving domestic violence, it is important to have the right legal support. Contact Mahserjian & Mahserjian-Ortiz, PLLC to schedule a consultation with an experienced family law attorney who can help protect your child’s best interests.

To learn more about this subject click here: Understanding New York’s Child Custody Laws: What Every Parent Should Know

Jean Mahserjian