My Spouse is Abusive. Does This Mean I Automatically Get Custody of the Kids?


In the context of an abusive spouse, people often ask whether having an abusive spouse means that he or she would automatically get custody of the child. In New Jersey, there is a rebuttable presumption of custody for an abused spouse, but it is rebuttable. That means that if your spouse is abusive towards you, he or she could still seek custody of the child, and get custody of the child if the court finds that that is in the child’s best interest.

As far as whether or not your abusive spouse would have parenting time with the child or would be awarded parenting time with the child, again, that often depends on the circumstances. It depends upon whether or not the child has been involved in the abuse, whether or not the court believes that the child will be harmed by having parenting time with the abusive spouse. So, it really does depend on the circumstances of your situation, as to whether your abusive spouse would be entitled to parenting time with the child.

If your spouse is abusive, you should also consider speaking with an attorney about obtaining an order of protection that can help you find safety. The attorneys at Ross and Calandrillo, LLC are committed to assisting you in finding safety from an abusive spouse.

Ross and Calandrillo, LLC is a full-service divorce and family law firm in Mountainside, New Jersey. For strong legal representation in all of your family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.