Domestic Violence and New York Family Court

Custody Basics

Custody involves legal rights and responsibilities regarding a child’s care and decision-making. It usually includes physical custody (where the child lives) and legal custody (who makes important decisions about the child's health, education, and welfare). Courts prioritize the child’s best interests, focusing on stability, well-being, and ongoing relationships with both parents when appropriate.

Raising Domestic Violence Concerns

If domestic violence is a factor, it is critical to inform the court. Evidence such as protection orders, police reports, or witness statements help demonstrate safety risks. Courts consider these concerns seriously to protect both the child and the survivor parent from potential harm.

Child Safety Factors

Decisions about custody focus heavily on child safety. Factors include any history of violence or abuse, substance misuse, mental health issues, and the ability of each parent to provide a secure and nurturing environment. Courts strive to prevent exposure to harm or trauma for the child.

When Supervised Visitation May Be Considered

Supervised visitation may be ordered when there is a history or risk of domestic violence, child abuse, or neglect. This arrangement allows the non-custodial parent to spend time with the child under careful supervision by a third party to ensure the child’s safety and emotional well-being. It is a protective measure that supports ongoing parent-child contact in a safe manner.

For further guidance on navigating custody and safety in domestic violence situations, please visit dv.support.