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Domestic violence and child custody

If you are involved in a relationship with is violent and ugly there are a different set of issues that you must confront when you divorce or seek a legal separation, this is especially true if there are children involved. If this violent situation has been going on for some time and you finally reach the point where you are not going to tolerate it anymore and you are ready to take the final step which includes hiring a Boise family attorney, there are some things that you need to be fully aware of so that you and your children can make a smooth transition from violence to a peaceful life.

Record keeping: Up until the day you finally leave make sure you keep very good records of every incident of violence, both physical and emotional. Keep accurate logs giving the date and time of the incident along with a detailed description of what happened, including any injuries that you or the children suffered. If medical care was needed as a result of the occurrence, keep the bills and medical reports. These logs will prove to be invaluable when you are in front of a judge explaining why you must protect yourself and the kids.

Safe house: Once the decision to leave has been made you will need to have planned for a safe place to go, the most dangerous time is when you and the children actually leave the house and walk away from the relationship. If at all possible try to amass some cash, keep it someplace safe, preferably not in the house and slowly move a few clothes for you and the kids to a friend’s home. The most important part is to ensure that you have a safe place to do, somewhere where the abusive partner would not immediately think of should he come looking for you. Don’t go anywhere predicable like your parents or best friend’s home.

Get legal custody of the kids: if you have to leave the house in a rush do not delay going to the court and getting an emergency court order that protects you and the children from any further abuse and gives you complete control and custody of the children. If you do not get a Boise family attorney at this time to guide you, you may find yourself being charged with kidnapping, even though they are your children.

Remember that the emergency order is temporary and part of the divorce proceedings is to make a long term plan for custody. The emergency order will be based on what the judge hears and more importantly, the logs which you can produce as evidence.

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