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Issues of Child Custody and Domestic Violence

If there is any domestic violence present in your home, it will add some key issues to take into account when filing for a divorce and developing child custody arrangements.

The following are a few issues to keep in mind while you work to safely transition you and your children into your new life:

  • Keep detailed records. While you are still living with your abusive partner or spouse, make sure you have detailed, accurate records of every incident of abuse — whether physical or emotional. Write down the date, place and time of each incident, along with a description of what happened and any injuries caused. These records will be helpful should your case go to court.
  • Have a safety plan. Once you’ve decided to get out, make sure you have a plan to keep yourself safe. Save up some cash in a safe place, keep some “getaway” clothes for you and your children with a friend and arrange for a safe place you can stay — one that your partner wouldn’t necessarily expect.
  • Secure legal custody of your children. As soon as you can, go to the courthouse and apply for an emergency protective order, giving you custody of your children and keeping your partner away. Keep in mind that if you do not get custody as part of this order, your partner could accuse you of kidnapping. This order is temporary, so it’s important to have a solid long-term plan in place, as well.
  • Get legal help. You need skilled divorce attorney to help guide you through the process of obtaining custody and dissolving your marriage. This is not a task you want to undertake by yourself.

When you are seeking a divorce, it’s helpful to have dedicated legal counsel on your side. Reach out to the experienced and compassionate family law attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia at their Long Island office.


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