Custody / Visitation


#1

My wife seems adamant that I will only receive visitation rights, and can not receive any type of custody of our 3 children. I was involved in every aspect of our children’s lives prior to the separation. However, when I left her, she was so hurt that she proceeded to tell our children about an affair I had 5 years prior. My eldest son (16 yo) came to my apartment to confront me. I asked him to leave, but he refused. I took him by the arm and showed him the door, so his mom filed a 50b against me for all three children. Now she and her lawyer are saying I now have a “history of violence”, and so there’s no way I am eligible for custody.

Is this true? Does this lone incident condemn me to being an every other weekend dad?


#2

Physical custody and visitation are one in the same, if you wife is fighting for sole legal custody she will need to show that it is in the children’s best interests not to have you involved in making major decisions.

The lone incident is certainly a factor a judge will consider when he or she hears all of the evidence on custody, but it does not equate to a history of violence.