Leaving an Abusive Husband: Can He Gain Custody of Your Children?

Posted on Mar 11, 2010 by Hofheimer Family Law

If you are the victim in an abusive marriage, you may feel that you are trapped for a number of reasons. One such reason may be your children. You may have trouble leaving an abusive husband if you fear for the safety of your children, especially the fear that he may get full or partial custody.

There are legal routes you can take to prevent this from happening. An experienced Virginia divorce attorney can talk to you about the specifics of your case and let you know what your legal options are, including how to seek legal and physical custody of your children.

Protecting Yourself and Gaining Child Custody

Not leaving an abusive husband for fear of him gaining custody of your children is no way for you to have to live. In many cases of documented spousal abuse, when you have evidence of his abusive tendencies, you can gain full custody of your children or a court order allowing him only supervised visiting hours.

If you want to seek full custody of your children, you’ll need documentation proving your husband’s abusive behavior.
Document any instances of abuse towards you or your children, and include photographs if the abuse is physical. If you are fearful for you or your children’s safety, contact a local domestic abuse shelter and speak with a lawyer about your legal options for taking your children away from your husband.

Learn more about how to leave an abusive husband by visiting our library or speaking to a Virginia divorce lawyer at (757) 425-5200.

At this vulnerable time, it’s critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.

The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule a legal consultation – (757) 425-5200.