For the most part,
there are certain legal ways in which domestic violence affects child custody.
If you are violently abused by your partner, but are still not sure how you can
react especially when you have kids, don’t hesitate to seek legal counsel.
Divorce lawyers in Philadelphia, PA reiterate that it is important to fight for
your legal rights right away. Here are some steps that you must take before you
decide to separate from your partner.
Keep records of abuse
Pennsylvania divorce
lawyers stress that it is paramount to maintain a journal detailing incidents
of every physical and emotional abuse. The date, time, and description of how
you were abused and what injuries you sustained as a result of the abuse
must be noted. This journal can be presented as evidence before a judge and can
play a vital role in protecting you from your abusive spouse.
This is something that
Skyler White should have been doing in the show Breaking Bad. Her psychotic
husband, Walter White, was a train wreck as what was proven in the show which
was totally fiction and unrealistic but entertaining nonetheless.
Plan a safe exit in case the abuse gets out of hand
The most dangerous time
is when you finally decide to leave your spouse for good. This is a time you
can most expect bitterness and retaliation. Therefore, it is wise to plan your
exit carefully by stashing cash at a place where your spouse has no access and
set aside a bag of clothes with a friend or a relative.
Think of a safe house
where you can stay for some time without your partner’s knowledge. Do not go to
your mom’s or your friend’s place where you can be easily traced. Identify a
few hotels and shelters where you can take your kids. Well, you can go to your
parent’s home if they have a gun in their home and/or the police can easily be
called if that is what needs to happen.
If you are married to a
psycho like Walter White you need to watch your children since he is willing to
take off with them.
Get legal custody of your kids as soon as you leave your
spouse
If you have been forced
to leave your spouse in a hurry make sure to obtain a legal custody order so
that you can keep your kids with you and away from potential danger. You must
also get a restraining order if you fear retribution. Obtaining this custody
order is vital say Philadelphia, PA divorce attorneys otherwise you could be
charged with kidnapping.
Remember, emergency
legal custody is short term. Long term custody is only granted during divorce
proceedings. The judge makes a custody decision in accordance with state laws
which mandate that courts consider the safety of the children in cases which
involve domestic violence.
No parent should be
around a child that compels them to sell drugs on the street corner so they do
not have to work. This happened in The Wire, season 4. De’Londa forces her son,
Namond, to sell drugs rather than study or play sports. Good thing Wee-Bey puts
an end to this after he receives some advice from a former police lieutenant. It
is incredible how destructive some parents are to their own children, very sad.
Visitation
Philadelphia, PA
divorce lawyers also point out that legally even an abusive parent is granted
visitation rights as long as he has no history of hurting the children. You can
impose certain conditions. You can ask the court to order supervised visitation
or that your partner must not drink during the meeting and that they must bring
certain individuals to the meeting.
You can ask your
partner to pick the kids up from a neutral location or ask a neutral third
party to pick the kids up if you are afraid to meet him. Ask your partner to meet
the kids at a public place such as a restaurant, park, or a police station if
you are going to drop off the kids yourself.
Divorces that involve domestic violence are messy and disruptive. However, as long as you
have help from an experienced divorce lawyer in Pennsylvania you will not only
protect yourself but make the right choices during those troubled times.
Whether you have issues with child custody, child support, visitation, alimony,
or other any other sensitive divorce related issues, your legal counselor can
help put you on the right track.
