Carton & Rosoff PC-Attorney at Law
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Resolving disputes creatively

What happens in a custody dispute if there is domestic violence?

Parenting children in New York is not always an easy job and it can be frustrating at times. This is also true of being in relationships and at times people are bound to have fights or lose their temper with family members. However, some people go beyond simply losing their temper and may physically assault them. This is not only illegal, but also very detrimental for the victims of the abuse both physically but also emotionally and mentally.

It can also have consequences in any child custody determination. In making any child custody determination the judge will analyze a number of factors to determine what is in the best interests of the child. It is obvious that domestic abuse is not in the best interests of the child and will certainly factor into which parent receives custody of the children. Whether a parent has visitation depends on whether the parent abused the children or the other parent alone.

A parent who has committed domestic abuse against the other parent may still be able to have visitation with the children. It may have to be supervised or the exchanges may have to take place at a safe location. However, if the abuse occurred against the child, the parent may be only allowed to visit with the child at a safety center or potentially not at all depending on the circumstances. The main goal in any custody determination involving domestic abuse is to ensure the safety of children and the victims of the abuse.

Unfortunately there are many victims of domestic abuse in New York. The victims of the abuse can be damaged in many different ways and it is important that the victims are protected in the best way that they can. So, domestic abuse is a major factor in child custody determinations and decisions will be made to keep the victims safe. Experienced attorneys understand how domestic abuse affects child custody determinations and may be able to guide one through the process.

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Carton & Rosoff PC
150 Grand Street, Suite 305
White Plains, NY 10601

Phone: 914-949-6700
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