Children and the Law

Can a spouse be granted full custody with no visitation just because the other spouse was charged with simple assault on her child only once?


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Wiki User
2016-11-04 21:02:13
2016-11-04 21:02:13

Yes. I doubt that any judge of Family Court would buy the "only once" defense. All of the judges, social workers, etc. I have encountered stick to the "Past behavior is a true indicator of future behavior" rule.


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He will not get custody, but he can get supervised visitation.

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If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.

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You may arrange visitation through the courts.

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She cannot stop visitations on her own for any reason. Only the court can change a visitation order. She must request that the court modify the visitation order and provide police reports detailing the assault. If she stops the visitations on her own she could lose custody.

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