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Domestic Abuse

What are the chances I will be granted sole custody of my son?

Q: His father has not been active in his life, my son will be a year old soon. I finally got his father to agree to a visitation schedule we created outside of court but he constantly no shows or cancels at the last minute. All of our communication is kept via text due to his verbally and emotionally abuse behavior. He refuses to check on his son at all, even through text. He does send money monthly, but he is just not a present factor in our sons life. He has a child from a previous relationship with an ex that is very volatile and they tend to include the 5 yr old in their arguments. He doesn’t understand the damage it is causing the child and tends to blame me still for our relationship ending after almost a year. I’m wondering what my chances are in receiving sole physical and legal custody. I would be willing to allow supervised visitations. Would the emotional and physical abuse play a part in the outcome as well?

A: From what you’ve presenting, you appear a good candidate for sole custody. That said, whether a Judge would make his visits supervised depends on many factors, such as the recency of the abuse, severity, whether it was around the kids, etc. Schedule a consult with a Westchester Child Custody attorney for a full assessment. 

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