Could a father be granted custody or visitation if he has physically abused the mother? 6 Answers as of August 31, 2015

Can a father be granted custody or visitation if he has physically abused the mother in front of the child and encouraged the child to do also? He has also been charged with 2 counts of first degree robbery.

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Law Office of Martin A. Kahan | Martin A. Kahan
Custody unlikely, likely supervised visitation by a professional monitor.
Answer Applies to: California
Replied: 8/31/2015
Reza Athari & Associates, PLLC | Seth L. Reszko
If the father is found to have engaged in domestic violence there is a statutory presumption against joint custody and obviously sole custody to the father. The robbery charge is also a big problem for custody. While it appears that only charges have been filed, if there is a conviction that too will adversely affect the father's rights to custody. Obviously, without knowing the mother's history, I can't predict what could happen, but if the mother's history is clean, joint custody will be difficult, unless the parties can agree to that arrangement. Family Court Judges send parties to mediation and maybe it can be worked out in mediation.
Answer Applies to: Nevada
Replied: 8/31/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Fathers domestic violence and abusive conduct can be a psychological factor affecting whether not he should have any parenting time with the child. This is a complicated question that deserves the attention of an experienced family law attorney in an office setting.
Answer Applies to: California
Replied: 8/31/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Well, his abusive actions certainly will argue against his having unsupervised contact with the child, but his having at least some placement is not totally impossible. You will need an experienced family law attorney. It's almost always worth the investment. Good Luck.
Answer Applies to: Wisconsin
Replied: 8/31/2015
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
Is there an order of protection? If not, why not?
Answer Applies to: New York
Replied: 8/31/2015
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