Would leaving a verbal abusive marriage ruin my chances of getting custody of my children from a previous marriage?

Asked about 2 years ago - Little Rock, AR

I am in the process of getting custody of my two children from a previous marriage. The marriage I am in now is full of verbal abuse and I want out. The abuse is towards me and my children when I have visitation. Would it look bad in my custody hearing if I left now? Would that even be a factor? If so, how much of a factor would it be? I am financial stable to live on my own and can provide for my kids just fine on my own. I have been married to my current spouse for about 8 years now so I feel I am very stable. Any advice would be appreciated.

Attorney answers (1)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Child custody cases are based upon a totality of circumstances, and so nobody can consider one fact (i.e., leaving an abusive relationship) and give an evaluation of the case that is worth anything.

    With that said, however, while the other party may try to paint a picture that your home life is unstable because you are currently leaving your husband you can sure bet that there is also a very strong argument that it is contrary to the best interests of the children to give custody to a parent who is living with someone who abuses not only that parent but the children as well.

    You should consult with an attorney so that your case can be evaluated based on all of the facts. If your children are important enough to you to seek custody, they should be important enough to handle your case right.

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