How Domestic Violence Can Affect Your Divorce Case & Child Custody

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 making a decision.

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 qualified 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.

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