Domestic Violence and Child Custody

Dear Atpeace:

Greetings. While the restraining order and the prior domestic violence is a large issue for the upcoming child custody matter, it is not the only issue. The standard for child custody is the best interests of the minor child. Each party’s character, the child’s needs and personality, schedules, and all other circumstances must be looked at. It is negative for your spouse that he cannot control his temper and that he is physically abusive - as those are not qualities of a good parent. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have a restraining order against my estranged spouse. There is one child. I currently have temporary custody awarded by the court as part of the restraining order hearing; I was awarded a restraining order.

How will this bear on child custody? He wants 50/50 shared custody, but I don’t trust his temperment and it appears this will go to court.