Domestic violence does not just include physical abuse, but also verbal and emotional abuse. When determining the best interests of a child in a custody case, domestic abuse is only one of the factors taken into consideration. Some of the other factors that a judge considers include the emotional ties between each parent and the child, the moral fitness of each parent, and with whom the child would like to live. The judge takes each of these factors as well as others on the list into consideration when determining which parent should have custody as well as visitation.
Since domestic violence is only one factor, an abusive spouse may be granted visitation or custody. This is because Michigan law feels that it is in the child’s best interest to have a relationship with both parents. Depending on the severity of the situation, a judge can order supervised visitation or for the exchanging of the child to take place at a police station or an exchange center. If you feel that your abusive situation is extreme then you must stress this to your attorney and provide further documentation.
Do You Have a Violent Partner?
If you want to ensure that your children no longer can face abuse at the hand of your spouse, you need an attorney that you can trust and rely on. The Law Offices of Michael A. Robbins is available to speak with you about the legal options that may be available if you are seeking divorce because of ongoing domestic violence. Please contact our firm by calling 248-646-7980 for an initial consultation. If you prefer contacting us using a computer you can fill out our online intake form by clicking the link.