Issues with domestic violence are often what force parents to make the difficult decision to divorce. They have to consider their own safety and the possibility that their spouse might potentially endanger their children.
Those preparing for divorce after experiencing domestic violence often have many reservations about the process ahead. They may worry about how to effectively protect themselves and their children. The idea of letting the children go alone to spend time with a parent who has behaved abusively can be a frightening one.
How can domestic violence affect custody matters in New Jersey?
Family history determines how judges respond
No two domestic violence scenarios are the same, and therefore each case requires careful judicial review. Factors including whether or not the state has prosecuted the abusive spouse and whether the other spouse has obtained a restraining order can affect how a family law judge handles custody disputes.
Provided that parents have to litigate rather than settle custody matters, a judge has to look at many factors to make a decision that is in the best interests of the children. In most cases, there is an assumption that keeping both parents involved is what is best for the children.
However, when one parent has a history of domestic violence, the opposite is true. There is a presumption that it may not be in the children’s best interests to have unsupervised time with a violent parent. After all, even if the domestic violence typically targets the other parent, not the children, the parent may start targeting the children when they cannot take their anger out on their spouse anymore.
It is often beneficial for those trying to leave an abusive marriage to document the situation and obtain legal guidance. They may be able to ask the state to prosecute their spouse or may at least be eligible for a restraining order. They can also develop a custody strategy that prioritizes keeping the children safe from a potentially dangerous situation.
Understanding how domestic violence can affect child custody matters can empower parents to more effectively protect their children when they start planning to leave an abusive marriage. Parents often require state intervention to protect their children if their spouse is volatile.