Brooklyn, NY asked in Child Custody, Domestic Violence and Family Law for New Jersey

Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody of our child in the state of New Jersey?

2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: This is not the type of question that any family law attorney can or should answer over a message board. You need to sit down with an attorney who specializes in child custody litigation matters to talk about your respective roles in your child's life and any incidents of physical violence ( directed at you) are relevant to a custody determination by the court. In evaluating a custody dispute, there are numerous statutory factors that a judge is required to examine and in your discussions with the lawyer, each of those factors needs to be considered.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child are residing. Generally, issues surrounding custody will be addressed in the state where the child is residing. Based on the circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.

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