If domestic violence was part of a marriage, it’s something judges consider when determining a parenting plan. Even if the child wasn’t the direct victim, exposure to domestic violence can still impact custody orders.
Courts make custody decisions based on the child’s best interests, and an abusive parent may pose a safety or emotional risk to a child’s well-being. As such, judges may consider reducing that parent’s time and interaction with the child.
For example, a parent with a history of perpetrating domestic violence is less likely to get primary physical custody and may face restrictions on visitation. Similarly, the court can take away their decision-making authority about key issues affecting the child. The severity, timing and credibility of the allegations all matter.
The crucial role of evidence
Family court decisions are evidence-driven, and documentation strengthens your case. Text messages, photos, therapy records and police reports can help your case if your spouse was abusive during the marriage. Without solid evidence, domestic violence claims may carry less weight in custody proceedings.
What if the allegations are false?
False or exaggerated claims do happen, and New Jersey courts take false accusations seriously in custody cases. If proven false, either through contradictory evidence, lack of corroboration or inconsistencies, consequences can include:
- Potential shift in custody favoring the (wrongly) accused parent, including primary custody or increased parenting time.
- Sanctions like paying the other parent’s attorney fees.
- In extreme cases, criminal charges or civil remedies
Regardless of whether the allegations are true or false, professional legal guidance can go a long way when navigating a divorce involving domestic violence. It can help protect your parental rights and your child’s well-being while improving the chances of a favorable outcome.