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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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Hi there. I had a simple assault charge in Jan against my ...

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Hi there. I had a simple assault charge in Jan against my spouse but after talking to the judge, and telling her I wanted to plead not guilty and go to trial but I was concerned about time constraints because I am the primary care taker at home, also work from home and go to school, we came to a No Contest plea and the charge was dismissed after 90 days. Would this count against me in a custody battle, especially considering my husband has a history of falsely pretending to call the police to "scare" me into staying? And considering I wouldn''t be trying to get full custody, but primary custodianship?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
When it comes to child custody, the main issue is to determined what placement will serve the child's best interests. Typically a history of domestic violence where the child was a witness to the abuse would be enough to deny one parent custody over the other. A single event (especially a simple assault charge) may not be enough to deny you the opportunity to ask for primary custody. Several factors are taken into consideration to address the issue of custody. The primary goal is to award share custody and the parent who typically can provide the daily parenting needs of the child is usually awarded primary custody. This would be based on a case by case basis on the history of the family dynamics. Generally these factors are:

  • Relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection and guidance.
  • Ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs and a safe environment.
  • Ability and disposition of each parent to meet the child’s present and future developmental needs.
  • Quality of the child’s adjustment to the child’s present housing, school and community and the potential effect of any change.
  • Ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact, except where contact will result in harm to the child or to a parent.
  • Quality of the child’s relationship with the primary care provider, if appropriate given the child’s age and development.
  • Relationship of the child with any other person who may significantly affect the child.
  • Ability and disposition of the parents to communicate, cooperate with each other and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided.
  • Evidence of abuse, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.
  • The court shall not apply a preference for one parent over the other because of the sex of the child, the sex of a parent or the financial resources of a parent.

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