Are you considering declaring the end of your abusive marriage but are worried that you may end up losing your children? You're not alone. Like many other parents who deeply care for their children, you might be hesitant to abandon your marriage out of fear that your spouse might take the children from you. However, you should take solace in the fact that the law is meant to protect victims of domestic violence, as well as children born of an abusive marriage.
If it is proved in court that the abuser perpetrated domestic violence against you or the children, this will help you when you are fighting for custody of the children. But first, you need to hire an experienced family law attorney to fight your case in court instead of representing yourself. Here's why.
They Can Help You Get Sole Custody of the Children
As a general principle of family law, it is often in the best interests of a child to grow up with both parents present. However, if an abusive spouse commits violence against their partner in the presence of a child, then the child will no longer feel safe and protected. A lawyer can help you prove in court that you can no longer provide a safe upbringing for your child because of the other parent's violent and abusive nature.
The court may decide that any form of interaction between the child and the abusive parent might not be in the best interests of the child. As a result, they might grant you sole custody of the child and write a visitation order restricting the abusive parent from seeing the child.
They Can Help You Receive Financial Support for Minor Children
If you rely on an abusive partner for financial support, you might need their help even if they are no longer involved in making decisions for the child. Unless the abusive parent is convicted for perpetrating domestic violence, the duty to provide financial support for minor children still continues. A good lawyer can get the other parent to pay child support even if they have been completely locked out of the child's life.
Before calling it quits with your spouse, it is a good idea to schedule a consultation with your family lawyer so you can discuss your situation and the options available to you. This initial consultation serves as the foundation on which the lawyer can build your case and discuss payment arrangements. For more information, call a lawyer who can help you with child custody issues.