Phillip J. Jusino & Associates, P.C.
Call Today, Free Consultation (631) 615-1724

Child custody and domestic violence

During a divorce, it is not unusual that the couple may have disagreements or that some disputes could become heated. If there are children involved, they may have different perspectives on how the children should be raised or parenting styles. These issues may be part of why they are divorcing. In some cases, heated disputes may give rise to accusations of domestic violence or abuse.

The news of allegations of Brad Pitt's possible abuse involving one of his children has triggered an investigation by the county Department of Children and Family Services (DFCS). Allegations of a threat to the safety of children are always taken seriously, and should never be made irresponsibility or inappropriately.

If made in the heat of the moment, and if they are unfounded, they could seriously damage the credibility of the accuser and cause a court to give less credence to other assertions. If genuine evidence of ongoing abuse or violence is found, it is likely to have severe repercussions for the custody determination. Under New York Domestic Relations Law 240(1), domestic violence is one factor a court must consider when making a custody determination.

The court is likely to look for a pattern and practice of abusive behavior. A single incident looks very different from years of abuse, and the more credible the corroboration, the greater the weight it is likely to be given. In a case like that of Pitt, if it is found the alleged incident was an aberration and appears to have been singular, it may not have much effect on the final custody order.

On the other hand, if proven abuse has occurred in New York, it is likely that the abusive parent would not be granted joint custody and may only be granted visitation under limited circumstances, perhaps even requiring supervision by a third party.

No Comments

Leave a comment
Comment Information

We can help. email or call (631) 615-1724 to schedule a free consultation today.

Phillip J. Jusino & Associates, P.c.

Experienced & Aggressive Legal Representation

2780 Middle Country Road Suite 208 Lake Grove, NY 11755 Phone: 631-615-1724 Fax: 631-588-0603 Lake Grove Law Office Map

Divorce: a Practical Guide

Divorce: A Practical Guide

Attorney Jusino’s new book on divorce is an easy read and full of valuable information. Learn More