16 May 23

Can I Get Sole Custody if he’s Verbally Abusive to Me?

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Essential Factors in Seeking Sole Custody in Divorce Proceedings Involving Allegations of Abuse

When a couple faces the unfortunate reality of divorce, numerous factors contribute to this trying process. A particularly critical issue arises when one spouse accuses the other of abuse, be it physical, emotional, or verbal. The situation becomes increasingly complex when children are involved, as their safety and well-being must be considered. In such circumstances, the spouse who has endured the abuse may seek sole custody of the children.

The judge’s primary concern in a child custody case is always the best interests of the child above all else. Therefore, when pursuing a custody order based on allegations of abuse during divorce proceedings, you must gather enough compelling evidence to convincingly prove your claims.

Gathering and Presenting Solid Evidence

Attempting to prove that your spouse is guilty of verbal abuse or any form of mistreatment towards you or your children during divorce proceedings requires solid evidence to support your claims. This task can be especially challenging if your partner has daily access to your kids, leading courts to potentially hesitate before removing them from their home and placing them in an unfamiliar environment.

Thus, gathering strong and convincing evidence demonstrating credible allegations with concrete proof becomes vital for successfully seeking sole custody during divorce proceedings. An experienced attorney is crucial in helping you gather and present this evidence persuasively before the court judges.

Expert Witness Testimony and Custody Evaluations

To support your case further while seeking sole custody during divorce proceedings involving such allegations, expert witness testimony and custody evaluations conducted by psychologists specializing in detecting abusive behavior towards children are necessary.

The evaluation primarily consists of interviewing both parents separately and conducting various psychological tests to identify any abusive behavior patterns. It’s essential that the psychologist assigned to the case has no prior involvement with either family for neutrality purposes.

Once completed, the judge will consider the results of the evaluation when making the custody decision.

Considering the Best Interests of the Child

As previously mentioned, it’s crucial to remember that the court’s primary concern in any child custody case is always the best interests of the child. Thus, before pursuing sole custody during divorce proceedings based on abuse allegations, you must ensure that your claims are credible and supported by solid proof.

Potential Consequences of False Allegations

False allegations of abuse during divorce proceedings can have serious consequences on the outcome of your case. If it is determined that your accusations are baseless or unfounded, it may backfire on your attempts to gain sole custody and potentially cause you to lose visitation rights as well.

This emphasizes the importance of carefully considering all options before making any claims against your spouse when seeking sole custody during such divorce proceedings.

Consulting with an Experienced Divorce Lawyer

Since seeking sole custody during divorce proceedings is a critical matter affecting all parties involved, consulting an experienced divorce lawyer is imperative.

At Spodek Law Group, our attorneys have extensive experience handling complex cases involving allegations of abuse. We comprehend the intricacies of these situations and can guide you through the legal system while protecting your rights and your children’s best interests.

Attorney Todd Spodek and our team of professionals possess the necessary skills for obtaining favorable outcomes in such challenging cases.


In conclusion, if you find yourself in a divorce proceeding where one parent has been accused of abusive behavior towards either partner or the children involved, seeking sole custody may be vital for ensuring everyone’s safety and well-being.

Though this process may seem daunting due to the numerous factors judges consider when determining child custody matters, presenting strong evidence supported by expert witness testimony remains crucial for success.

Contact Spodek Law Group today if you need assistance navigating this emotionally charged period while protecting your rights and your children’s best interests.

Can I Get Sole Custody if he’s Verbally Abusive to Me?

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