How does a domestic violence charge affect visitation with my child?

New York courts are required to consider domestic violence allegations when making decisions regarding child visitation rights. The effects of domestic violence are examined in relation to the best interests of the child. State courts generally believe most children benefit from having some kind of relationship with their parents, even in cases of domestic violence.

The nonviolent parent may be more likely to receive custody of the child. However, it is possible for a parent accused of domestic violence to be allowed visitation, provided the judge believes visitation would be in the child’s best interests and not endanger the child physically, emotionally or mentally. In some cases, the victim parent may request the court to make sure all visitation is supervised until a judge determines that unsupervised visits are safe.

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