Separated with DV in the past but no DVPO

We are separated for over 6 mths, 3 year old kid living with me ever since with supervised visitation with dad, supervised by me. I have ample proof of DV, and seeking sole custody as DV happened in front of minor with risk to minors security. Evidence of dad’s neglect of kid in pictures and audio evidence of DV available. Will sole custody be granted?

It’s unlikely that sole custody will be granted to you, but the evidence you have domestic violence towards you with the minor child present will significantly affect and limit the father’s ability to receive meaningful custodial time.

The more evidence you have and can present at trial, the better to be able to show the judge the potential safety concerns for the minor child while in Dad’s care.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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