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

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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.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

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“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

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“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –
 

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