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New Jersey Family Law Blog

How domestic violence affects child custody decisions

Posted by Jay Turnbach | Oct 23, 2020 | 0 Comments

Every family dynamic in New Jersey is different. Even families that on the surface and outside of their home may appear to be like other families are unique and others do not always understand what happens inside others homes. People also resolve their conflicts in different ways. Some may simply find a time to sit down and discuss the disagreements, some may be more vocal than others as well. Unfortunately, others resort to physical violence when they are upset with others within the house.

Domestic violence is a serious issue that can have very detrimental effects on the family members. It can have lasting effects and cause divorces. When couples go through divorces there are many issues that they must resolve and one of those issues is child custody and parenting time. These two issues can be very contentious issues for parents and ones that are heavily influenced by the domestic violence occurring in the home.

Child custody factors influenced by domestic violence

The victims of domestic violence can seek orders prohibiting the abuser from contacting both the other spouse and the children. There is also a presumption that the non-abusive parent should receive custody of the children.

However, the court will still need to analyze factors to determine what is in the best interests of the children. When doing this courts will need to analyze the history of domestic violence in the home and also determine whether the children will be safe in the home. When determining parenting time, the courts can order that investigations be completed to determine the risk factors in the homes and how safe the children will be in those homes.

There are many victims of domestic violence in New Jersey. In child custody determinations the primary focus is the safety of the children and courts will analyze how the domestic violence affects the children to ensure their safety. These cases can be very emotional and complicated as proving domestic violence is not always the easiest thing to do. Experienced attorneys understand how domestic violence affects custody and parenting time and may be a useful resource.

About the Author

Jay Turnbach

Contact Me: 732-908-7630 EMAIL ME Practice Areas Family Law OCEAN COUNTY DIVORCE LAWYER Attorney Jay Turnbach, our Certified Matrimonial Law Attorney, holds a law degree from Rutgers School of Law in Newark, New Jersey, and a bachelor's degree in finance from Fairfield University in Con...

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