QUESTION
Can my sister get full custody if her husband has been violent in the past? How?
Asked on Aug 20th, 2015 on Child Custody - Michigan
More details to this question:
My sister's husband was recently arrested for domestic violence after hitting my sister multiple times with his fists and pushing her into the street. He was arrested and was just released on $10,000 bail. My sister just filed for divorce a few days ago. They have two children together and she is very concerned about maintaining sole custody. What are the chances she could get full custody since he has a violent past? What information can she present to make sure that she gets custody of the kids? Should she get a restraining order, or would that hurt the chances of her getting sole custody?
1 ANSWER
Appellate Attorney serving Grosse Pointe Farms, MI
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Your sister should immediately engage an attorney, provide all the details and act upon the advice which is given. Domestic violence is one of the factors which is considered in the custody and parenting time determinations. Be aware that the courts generally seek to maintain the relationship of both parents with the children and therefore exclusive custody is quite unlikely. It always worries me when relatives are seeking counsel and advice and not the person who clearly requires it. Your sister needs to engage an attorney now. If you wish to help her, and she cannot afford an attorney, you might consider blending her the money to get things rolling.
Answered on Aug 20th, 2015 at 1:11 PM