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She won’t leave because she’s afraid he’ll get custody

January 2, 2017 Blog

Are you or someone you love in an abusive relationship involving children? Do you fear that your children will be taken away just because you leave your abusive partner? This is a very common fear that many people experience every single year. Below you will find a short list of facts that surround this highly sensitive topic.

There May Be A Custody Battle
Anytime a couple separates and there are children involved, a custody battle may occur. This battle is more likely to occur if both parents want custody of the children. If one parent does not want the children, then they have the option to sign away rights to the other parent. If both parents want the children, then the case will be taken to court and a case will be drawn up.

The Children Are A Huge Part Of A Custody Decision
The children play one of the biggest roles in determining which parent will get custody. If taken to court, children will be questioned individually, and individuals will be observing how the children interact with each parent. If children are of an age where they can make an educated and safe decision on which parent they would like to live with, they may be given the option to choose. The number and age of children involved will be taken into consideration. The schools and medical facilities in the area will even be taken into consideration when determining where children will be placed.

The Stability Of A Home Matters
Children cannot be housed in a home that is unstable. Unstable may mean that the parent is abusive, that there are many new adults coming in and out of the home, or a variety of other unpredictable factors. Children must be able to stay in a home that will promote their safety and wellbeing. If children cannot study, sleep, eat, and live their lives in a peaceful and stable environment, then they cannot stay in that home.

Parents Must Demonstrate The Ability To Care For Children
Any loving parent will want to spend as much time with their children as possible, but people can have faults. This is particularly true of young parents that have had children in their teen years. Parents must be able to prove that they can provide everything that their children will need to survive. If the couple separates and one parent cannot financially provide for the children, then they will likely not be given sole custody. In fact, if neither parent can care for the children on their own, then the children may be placed in foster care temporarily. This placement is temporary until one or both of the parents can demonstrate that they have the ability to care for their children.

Location And Lifestyle Play A Role In Custody Decisions
If both parents are found relatively fit to care for the children and the court is considering split custody, location and lifestyle may play a role in the final decision. If both parents are considered for partial custody, then both parents must live within a reasonable distance from each other.

Any parent that is a candidate for custody must prove that they can adequately provide everything that the children needs. However, this financial income may not come in the form of drug dealing, prostitution, or other questionable or illegal forms of employment. The parents must also prove that they can adequately spend time with children and teach them the important lessons of life.

Your Situation Will Be Unique
There are hundreds of small factors that determine the outcome of a custody case. It is important to understand that nothing is given- all is earned. Every small detail of the case will be evaluated from whether or not the child has a special need to criminal records and abuse charges from many years prior.

It may seem difficult to leave an abusive partner when there are children involved. Whatever is done, it must be done with the children’s best interest in mind. Custody may be granted to one of the parents, both of the parents, or neither of the parents. Still, no parent will be granted sole custody automatically just because one partner has decided to break apart the relationship.



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