The issue of domestic violence is frequently raised in New York child custody cases. The act of leaving an abusive partner is difficult enough and it may be traumatic to have to continue interacting with your former partner. But sharing children with someone almost always guarantees that that person will remain in your life to some extent. 

New York's standard for deciding child custody is the best interests standard. In domestic violence cases it may seem that it should be in a child's best interest to cut off contact with a a parent who caused the exposure to violence. In practice it is not that simple. The child's right to have a relationship with that parent must be balanced with safety concerns. This may equate to supervised and/or public visitation. Successful mental health or drug treatment may be a precursor to loosening these restrictions. 

Child custody cases with domestic violence are highly emotional for everyone involved. It can be crucial to have an attorney to help you work past the negative emotions and come up with a resolution that works for you and protects your children. 

If you have questions about how domestic violence could affect your child custody case, contact our attorney today.