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Can you pursue sole custody in Georgia if your ex is violent?

On Behalf of | May 22, 2023 | Family Law |

Suppose you are concerned about your child’s safety around your co-parent due to violent behavior. In that case, you may wonder if you can pursue sole custody. As a parent, the safety and well-being of the child should be of the utmost importance. Therefore, you should do everything possible so your kids don’t grow up in violent spaces. 

Thankfully, domestic violence is a serious issue, and the state has laws to protect victims. In your case, domestic violence can include physical, sexual and emotional abuse. And even as you work the kinks of sole custody, you can seek a protective order, also known as a restraining order. This prohibits your co-parent from contacting or coming near the children.

Factors considered in custody cases involving domestic violence

Regarding child custody cases, the court considers several factors to determine the child’s best interests. In domestic violence cases, the court considers the type of abuse, such as physical or emotional, and the severity of the abuse, including any injuries sustained. The court will also consider how the abuse has affected the child physically and emotionally and whether the child is at risk of future harm.

The documented history of the abuse will also influence the court’s final verdict. The court will consider whether the abuse is an isolated incident or if there is a pattern of behavior. What’s more, the court will consider whether the abuser has taken responsibility for their actions and sought counseling or treatment.

How to build a strong case for sole custody

If you believe your co-parent is violent and poses a danger to your child, you should build a strong case for sole custody. A good place to start is keeping a record of any incidents of abuse, including dates, times and what happened. If there were any witnesses, it would help if they could support your claim.

If you have not already done so, you may need to seek a protective order. This will help protect your child from further harm. Finally, if your child has suffered physical or emotional harm from the abuse, provide medical records or statements from therapists or counselors.

Obtaining sole custody is not an easy process. As such, experienced legal guidance is necessary to try to obtain a favorable outcome for your case.