NP here. If he didn't abuse the child, but the child witnessed abuse, would that curtail his custody? |
The abuse has to be proven, which is typically very difficult. Most parents wouldn't put their child on the stand to be a witness against the other parent for something relatively minor. Anything major should have accompanying medical records. The best interest of the child is the standard. The child has a right to have a relationship with both parents, even if one or both of those parents is an awful spouse. Fighting every step of the way is detrimental. It looks like someone is using the child as a pawn to upset the other one. OP's husband may very well be doing all of this legal BS as a way of controlling her. It sounds like she is spending everything she has left to play his f*cked up game. Willingness to coparent without contention is considered in custody cases too. Cooperatively moving forward is best for the child. |
| Check the website Onemomsbattle.com . It is based on divorce from a narcissistic spouse. |
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The abuse has to be proven, which is typically very difficult. Most parents wouldn't put their child on the stand to be a witness against the other parent for something relatively minor. Anything major should have accompanying medical records. The best interest of the child is the standard. The child has a right to have a relationship with both parents, even if one or both of those parents is an awful spouse. Fighting every step of the way is detrimental. It looks like someone is using the child as a pawn to upset the other one. OP's husband may very well be doing all of this legal BS as a way of controlling her. It sounds like she is spending everything she has left to play his f*cked up game. Willingness to coparent without contention is considered in custody cases too. Cooperatively moving forward is best for the child. Im following this discussion. What if the child is too young to verbalize how much abuse he's seen? What if he hears daddy cuss out mommy, slam doors, hit mommy, threaten her, etc? Surely a 2 year old is not put on the stand? Can't wrap my head around why custody is shared with known abusers. It is not in the child's best intetest. |
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Yes but that's why it has to be proven. A KNOWN abuser won't get custody because there's proof of abuse. You can't just show up at court and claim abuse with no proof and get your spouse's parental rights taken away on a whim.
Op, nobody is being mean to you here, I'm sorry you perceives it that way. We are just saying if you've called around and can't get pro bono help it is probably because you don't qualify. You picked a bad lawyer, clearly, but spending $15k on a bad lawyer isn't the same as a woman who literally has nothing at all. I can't go spend all my money at the store and then claim I qualify for food stamps because now my money is gone. |
How will it be proven? Abuse is a very common claim in disputed custody cases. While cussing, slamming doors and such is bad parenting, I don't think it rises to the level of child abuse. If there aren't police and medical reports to back the claim, it won't be proven. Dragging children into court for those things is also bad parenting. There's also a requirement (in Virginia) that it be reported in a reasonable amount of time. Parental alienation is something that is very damaging to children. Courts know that, which is why fostering a relationship between the other parent and child is a consideration in deciding these cases. No matter how angry one parent is, making sure that child has a chance to bond with both parents is more important. Being a shitty spouse is not the same thing as being a shitty parent. Theoretically, the spousal abuse would stop when parents are no longer living together. If there's abuse after that, document it. Custody is never, ever about vindication for a parent. |
Speaking as an attorney, whether you get yourself a pro bono attorney, get yourself a million dollar attorney on retainer, get yourself Angelina Jolie's attorney -- none of that is going to change this situation. Be realistic about your goals for this divorce and for this situation. A lawyer is not going to protect or litigate from much of the above. |