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A domestic violence arrest won’t always end your custody rights

On Behalf of | Aug 27, 2021 | Domestic Violence

Interpersonal relationships can easily become messy. People who have intense feelings toward one another can sometimes become angry or aggressive, especially when they decide to end their relationship. 

Spouses dealing with the decline of their marital relationship may eventually have angry confrontations or even physical altercations. If your ex involves the police in an argument or tries to claim that you became physically abusive, then you will probably worry about losing custody. Do allegations of domestic violence always have an impact on your parenting rights in New York?

Your behavior is less important than the kids’ best interests

Domestic violence is a real problem that can cause psychological and physical harm to children. However, the court may not view domestic violence allegations alone as sufficient reason to limit a mom or dad’s time with their children if they aren’t the victims of the violence or didn’t witness a physical altercation between their parents. 

A judge will look at many factors when weighing custody arrangements, including the credibility of the allegations against you and the relationship that you share with your children. The court could even potentially decide that credible allegations of violence against a partner do not justify terminating your access to the children. 

Instead of giving up when your ex accuses you of abuse, you may want to fine-tune your strategy for the court to focus on highlighting your relationship with the children and how it benefits the kids. Learning more about domestic violence charges and custody laws in New York can help you navigate the criminal and family law systems.