Child custody determinations in New York are very fact-specific matters. The dynamics within each individual home contribute to the court’s decisions about which parent will receive custody of their children.
Ultimately, courts make child custody determinations based on what is in the best interests of the children. The court needs to analyze a number of different factors when making these decisions.
Different parts of parenting affect children in different ways. Some actions have a greater affect than others.
One of the actions which can have a great effect on children is domestic abuse.
Domestic violence is an important factor in determining custody
Given the nature of domestic abuse, judges consider allegations of domestic abuse carefully when making custody determinations.
Domestic abuse can come in many different forms. Generally physical violence is what people think about when they think about domestic violence, but domestic abuse can also include mental, emotional, financial and other forms of abuse as well. Domestic abuse also may be directed at different people within the home.
When considering domestic abuse in a child custody dispute, courts consider matters on a case by case basis. While generally domestic abuse will hurt the abuser’s chance of getting custody, it may not automatically preclude the abuser from seeing the children, depending on how the abuse affects the children.
There are many factors that judges must analyze to determine the best interests of the children. These include the children’s relationships with the parents and the parents’ ability to properly care for the children’s needs among other factors.
Domestic violence can affect many different factors and parts of the children’s lives and therefore is a major factor. Experienced attorneys understand how domestic violence affects custody decisions and may be able to guide one through the process.
