If your former spouse has a history of domestic violence, they may not be granted child custody in your divorce agreement. But even if they show signs of domestic violence after your divorce agreement has been settled, you may petition for a post-judgment modification to remove their child custody rights. Read on to discover why domestic violence affects child custody and how one of the seasoned New York City child custody attorneys at Zimmet Law Group can help you navigate this situation.
Can my former spouse lose our child custody case due to domestic violence?
More often than not, a New York family judge will grant joint custody in a divorce agreement. This is because they believe it serves your child’s best interest to maintain a relationship with both parents.
However, if your former spouse has a history of physical abuse, emotional abuse, or any other form of domestic violence, then the judge will almost definitely deny them custody rights and instead grant you sole custody. This is because they believe it would not serve your child’s best interest if they are placed in a dangerous home environment. Depending on the circumstances surrounding your case, the judge may grant your former spouse supervised visitation at best.
How else can my former spouse lose our child custody case?
Besides domestic violence, other characteristics may concern you about your former spouse. If you truly believe that giving your former spouse custody rights would mean putting your child in harm’s way, you must make the argument that your former spouse is “parentally unfit.” And to prove that they are parentally unfit, you must collect a sufficient amount of evidence, such as the following:
- Evidence that your former spouse has a history of drug abuse.
- Evidence that your former spouse has a history of alcohol abuse.
- Evidence that your former spouse has a history of criminal activity.
- Evidence that your former spouse has a history of incarceration.
- Evidence that your former spouse has a history of institutionalization.
- Evidence that your former spouse has a history of child neglect.
- Evidence that your former spouse is unwilling to care for your child.
- Evidence that your former spouse is unwilling to co-parent with you.
- Evidence that your former spouse is unwilling to follow court orders.
At the end of the day, our dedicated team of Manhattan divorce attorneys equally have your child’s safety at the top of our minds. So, if you require strong legal representation for your child custody proceedings, do not hesitate in reaching out to our firm today.
