My husband (now ex) was arrested for domestic violence but I was told I’d still have to share custody. I’m concerned for their well being because my ex used to leave them in hot cigars, drive them wasted, pass out while taking care of them. Now I hear things about being pushed, saying mean things, and fries being smashed on their chest because they were getting the car dirty.
I have been told it’s heresay and I do not like he gets 3 and I get 4 nights. But a handful of lawyers don’t think there is much to do. I’ve lost confidence in the system and law so I feel defeated and helpless. My kids are 3 snd 6 I don’t know what to do .
An arrest for domestic violence will not automatically affect your custody order, which must still be followed, assuming your custody terms are in a court order.
If you are concerned about the children’s safety and wellbeing while with their father, you can file a CPS (child protective services) report.
If a substantial change in circumstances affecting the wellbeing of the minor children has occurred since the entry of your current custody order, then you can file a motion to modify custody. You would need to be able to prove the substantial change in circumstances.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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