Domestic Violence and New York Family Court
How NY Family Court may consider domestic violence in custody and visitation cases.
Understanding Custody and Visitation in Domestic Violence Situations
Custody Basics
Custody refers to the legal right to make decisions about a child’s life and where the child will live. There are two main types of custody: legal custody, which involves making important decisions about the child’s health, education, and welfare; and physical custody, which concerns where the child resides. Custody can be awarded solely to one parent or shared by both.
Raising Domestic Violence Concerns
When domestic violence is a concern, it is important to bring this to the attention of the court or relevant authority involved in custody decisions. Courts consider the safety of the child and the custodial parent when reviewing evidence or reports of domestic violence. This may include providing documentation or testimony about the nature and extent of the concerns.
Child Safety Factors
Decisions about custody focus primarily on the child’s safety and well-being. Factors may include the presence of abuse or violence, the child’s emotional and physical health, stability of the living environment, and the ability of each parent to provide care. The court aims to minimize risk and support a safe, nurturing environment for the child.
When Supervised Visitation May Be Considered
Supervised visitation occurs when a neutral third party is present during a parent’s time with their child. This may be recommended if there are concerns about the child’s safety during visits, or if a parent’s behavior could pose a risk. The goal is to allow continued contact while protecting the child from potential harm.
Custody arrangements involving safety concerns can be complex and vary by jurisdiction. Additional support options can be found through resources listed at DV.Support.