Can he get custody if he has a history of domestic abuse?
What Counts as Domestic Abuse?
Legally speaking, domestic abuse is a fairly broad category. It can be a wide range of felony or misdemeanors that involve some sort of violence being committed towards a spouse, partner, child, family member, or someone else living in a home with a person. It can take many forms, including physical violence, emotional manipulation, threats, molestation, or verbal abuse. In general, anything that involves your ex being cruel or controlling towards you, your child, past partners, other children, siblings, or parents may be relevant when determining custody.
| Type of Domestic Abuse | Examples and Context |
|---|---|
| Physical Violence | Violence being committed towards a spouse, partner, child, family member, or someone else living in a home |
| Emotional Manipulation | Being cruel or controlling towards you, your child, past partners, other children, siblings, or parents |
| Threats | Can take many forms |
| Molestation | A wide range of felony or misdemeanors |
| Verbal Abuse |
How Will Abuse Affect the Court’s Decision About Custody?
When a court is hearing a custody case, the main thing they will be considering is simply what the best interests of your child will be. The things you bring up in court will affect the judge’s decision of course, but their primary goal will just to decide what is best for the child. Because there is a high risk of a child being hurt by a domestic abuser, most courts will tend to act very conservatively in cases that involve domestic abuse. They will typically try to be on the safe side and avoid awarding custody to a domestic abuser.
