Albany Family Law Blog

How domestic violence can influence child custody orders

Posted by Joanne P. Monagan, Esq. | Jul 10, 2020 | 0 Comments

Parents in New York and throughout the country may be allowed to retain custody of their children after a divorce. In some cases, this might be true even if they engaged in domestic violence against their former spouse or their children. An abusive parent may be allowed to have custody of a child because he or she is able to afford better legal representation during a custody hearing.

Furthermore, abuse victims may experience depression or other mental issues that impact their ability to convince judges that they are fit to raise their children. It is important to note that a parent may pose a danger to a son or daughter even if the child doesn't seem scared of that individual. This is because victims may develop what is referred to as a traumatic bond with their abusers. Even if a minor is removed from the care of an abusive parent, the child is unlikely to forget about what he or she experienced.

According to the Childhood Domestic Violence Association, young people who are abused are 74 times more likely to engage in violent crimes in the future. In addition, children who grow up in violent homes are more likely to be depressed or develop substance abuse issues. Research has also shown that children who are removed from abusive homes may be used as tools to control a victim.

A child custody order is based on what is in the best interest of the child, and it may be modified over time as circumstances change. Parents may be able to increase their chances of obtaining custody rights by verifying that they provide a safe home for their kids. They may also want to provide a family court with positive statements from a child's teacher or pediatrician about their suitability as a parent.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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