In some cases of divorce, one of the spouses is abusive and the other spouse wants to know if they are automatically entitled to the custody of the children for safety purposes.  The fact that a spouse is abusive does not automatically grant the other spouse custody outright. An abusive spouse has many problems and certainly is on the short end of the stick when that person appears before a judge. The abuse doesn’t necessarily have to be a case of physical abuse. There can be issues of emotional abuse, alcohol abuse, substance abuse and physical abuse. Any of those could be game changers, and have the potential to be highly detrimental to the spouse that undertakes such activities.

The spouse that does not engage in such activities clearly stands in a much better place, but it is only one of the factors to be considered when the court reaches a decision of best interest of the children. There are many aspects that the court needs to consider when they are determining matters of child custody and of course the safety of the children must be considered, but it is not the only factor. It would be beneficial for any person in this situation to contact an attorney so they can assist you in trying to obtain custody of your children from an abusive spouse.

If you are concerned that your abusive spouse will get custody of your children, it is important to seek legal counsel with an experienced attorney.

If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.