Divorce is always an emotionally and mentally draining process. Sometimes, these
types of family law cases can lead a person to make false claims about
their spouse. One of the most harmful accusations a spouse can make about
their partner is one of domestic violence. This can problematize many
issues, especially when children are involved.
According to New Jersey laws, a judge has the right to award
custody to the parent(s) they see fit to raise the child. In some cases, a judge
may award joint custody. However, in the most serious of domestic violence
cases, a judge is most likely to award custody to the innocent parent.
In addition, judges are required to examine a wide range of factors before granting.
Below is a list of some of the factors that a judge will highly consider
if domestic violence claims have arisen in a family where a child is involved:
- The history of domestic violence claims
- The child’s safety
- The safety of each parent from physical abuse by the alternate parent
- The stability of the child’s potential home
- The child’s physical, emotional, and mental needs.
Therefore, if a spouse is accused of
domestic violence and they do not seek experienced legal representation right away, that
spouse may be at risk for losing their child custody rights. For this
reason, it is crucial that accused persons consult with a skilled family
lawyer immediately during a divorce. The right attorney can ensure false
claims are not made against either spouse and that child custody is awarded
based on fair judgement.
Accused of Domestic Violence? Considering Divorce? Our Team Can Help.
If you are considering filing for divorce, it is important you retain legal
counsel right away. At
Moskowitz Law Group, LLC, our Bergen County divorce attorneys are dedicated to helping families
move through fluid and unproblematic divorce cases as best as possible.
When you choose to entrust our team with your case, we will explore every
avenue associated with your case in order to build a strong strategy for you.
When you are going through one of the most difficult times in your life,
we can be there to stand by your side. Don’t wait another minute.
Seek help from our Bergen Country divorce lawyers today! We can provide
you with a