Question:
My ex’s boyfriend has a history of domestic violence and apparently he has been abusing her while my child stays with them.
My ex would never report this to the authorities, so what can I do as the the father of the child in that house to protect my kid from any violence between the mother and her boyfriend?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
A custody determination is made based on the standard known as the best interest of the child. Pursuant to a best interest analysis, the court will consider the criminal background of any third party who is participating in a child’s life.
In addition, the court will consider all possible environments of the child as well as relevant factors including domestic violence between a party and their significant other.
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Assuming there is an existing child custody order, one party may petition to modify based on the best interest of the child.
A court has the ability to change a custody order if it believes the child is in harm as a result of a mother’s relationship with her significant whom she resides with. Some potential ramifications would be to limit the mother’s time with the child and/or order supervised visitation.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Ashley Weiner, contact Cordell & Cordell.