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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23940
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My boyfriend hit me 2 months ago and we split up. We're back

Customer Question

My boyfriend hit me 2 months ago and we split up. We're back together, not living together, but my ex husband threatened me and said that if I went back with him he would take the kids away from me. The kids accused my boyfriend of him hitting them but the kids were always with me and I never saw my boyfriend get near them so there is no actual proof. Would I lose custody of my kids if my ex husband took this to court? We're in NYS
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Good afternoon. How old are the children?
Customer: replied 1 year ago.
Good afternoon. 6 and 4
Expert:  FamilyAnswer replied 1 year ago.
Thank you. The allegations made by the children are strong and if the Judge felt that your boyfriend did hit them, he could take custody away from you. I say this because the Judge is always going to act in the best interest of the children and if there is evidence to show he hit and abused them, they may be placed with your Ex husband. Now, the age of the children certainly could cause the court to question exactly what happened and the extent of it. Moreover, if you never have left the children alone with him and have always been present, the Judge needs to consider that if the children are making this up or even if the father told them to say this. There is no way of knowing how the Judge will rule BUT if your Ex has proof, it could result in custody being taken away.
Customer: replied 1 year ago.
The only proof he has is pictures of the kids having bruises but that's it. He's in Japan and comes to see the kids once a year for the last 3 years. Is there anything I or my boyfriend can do that would help me keep them?
Expert:  FamilyAnswer replied 1 year ago.
If he actually tries to get custody, you would certainly need to defend the action. If he lives in Japan, you would also have try and argue that you would lose contact with them being in another country and the children have an established life down here. The Judge may also allow you to keep them but order that your boyfriend not be allowed the children and if there is evidence of abuse, he could even face criminal charges.
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.
Are the pictures considered evidence? And he's (my ex husband) planning to move to Maryland in September. Is there anything that can my boyfriend can do that can help? Would the family his or mine have any say? What if I didn't say that my boyfriend hit me but my ex does?
Expert:  FamilyAnswer replied 1 year ago.
Yes, the pictures can be used as evidence but it could be disputed that the bruises were not from abuse from your boyfriend but from something else and if the father was concerned, he should have taken the children to be checked out by a doctor. There is nothing you boyfriend can do to help at this time and neither family has any say, unless he is looking to keep the children with them until he relocated in September. Moreover, your Ex could bring up the issue with you being hit, even if you do not, to show that domestic violence takes place in the home, with the children present, which is another issue.
Customer: replied 1 year ago.
But what if I deny that fact?
Expert:  FamilyAnswer replied 1 year ago.
Then the Judge my believe you and not give credit to his allegation, since there is no proof. The focus would just be on the alleged abuse to the children.
Customer: replied 1 year ago.
Right the alleged abuse and the pictures can be used as evidence but if there is no other proof to that then my ex wouldn't be able to take them?
Expert:  FamilyAnswer replied 1 year ago.
That would be up to the Judge. The burden would be on him to convince the Judge that it is in the best interest of the children to be removed, as a result of the harm and violence they are victim of.
Expert:  FamilyAnswer replied 1 year ago.
Did this help clarify?

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