"It's a consideration in all states under the VAWA, but it's also a commonly used tactic to prevent fathers getting custody, so any such claim has to be taken with a pound of salt. Even a male victim can be prevented from getting custody if he ver defended himself from an attack by a woman. "
This is good input - but I feel I need to add to it.
If you're a man in such a situation as the first answer describes, speak to a QUALIFIED "Divorce/Custody" Attorney YESTERDAY.
I've been falsely accused - IF this is what happened to you, it stinks.
OTOH, if you're actually a man who really abused his wife, think of your kids first. Drop the "custody" mess, and get yourself some help. Someday maybe your kids will need you - you need to be able to help them...
The federal Violence Against Women Act requires it.
If you are a single mother, and there are no court orders in place, you already have sole custody. Otherwise, yes. Under the Violence Against Women Act, a judge is not allowed to even consider the validity of a claim of domestic violence in deciding custody.
Domestic violence misdemeanor charges can also have drastic effects, such as: Loss of or change in custody/visitation rights, Decreased ability to obtain employment or housing (many employers and housing authorities require disclosure of domestic violence misdemeanor charges.
Domestic violence misdemeanor charges can also have drastic effects, such as: Loss of or change in custody/visitation rights, Decreased ability to obtain employment or housing (many employers and housing authorities require disclosure of domestic violence misdemeanor charges.
yes in very rare cases depending on how bad it is
Yes, if brought to the court's attention, a domestic abuser would not be granted custody of a minor.Yes, if brought to the court's attention, a domestic abuser would not be granted custody of a minor.Yes, if brought to the court's attention, a domestic abuser would not be granted custody of a minor.Yes, if brought to the court's attention, a domestic abuser would not be granted custody of a minor.
Section 21 of Protection of Women from Domestic Violence Act 2005
A domestic violence order will probably tip the decision in the favor of the parent that doesn't have the order. A good attorney could easily win this case.
Yes. You are not an ideal parent if you beat up the mother or anyone.
No, however the chances of you getting primary custody are slim to none. The other parent would have to be deceased, or proven unfit for the child. Which with 5 domestic violence charges, you would be proven unfit immediatley.
Yes in some states and counties it may be possible for the father of your sons to obtain joint custody despite his past criminal record of domestic violence and rehabilitation which could also help him.
Yes, the safe environment of a child always comes first, so your chances of gaining full custody are high.