Your children are everything to you, and it’s frustrating that you are having your time with them threatened. You and your spouse are divorcing because of arguments and domestic abuse, and the last thing you want is for your children to continue being exposed to that kind of situation.
You know that the court is going to want to have your children spend time with both parents, but you want to guarantee their safety. That may be difficult, but if you need to go to court over your custody schedule, you can support your request with evidence from past incidents of violence and ask for sole custody or visitation only with supervision.
It’s important to remember that a court has to be unbiased. If you are upset about your spouse divorcing you but don’t have information to support claims of violence or threats, for example, then it may be bad for your case to ask for sole custody. The court wants to see you and your ex-spouse put your children first. The goal is to make sure that they see both parents, so long as it is safe, and that they are raised in the most positive situation possible.
If you decide to ask for sole custody, make sure you have documentation for any claim you make. The last thing you want to do is to come off like an aggressive or unreasonable parent because that could negatively impact your custody case.
Our website has more information on custody and what you should do if you want to seek sole custody as a single parent due to domestic violence.