since im at a domestic violence shelter they may give my son to his dad with drug charges?
Its crazy how these laws are in nj.. I have been asking questions and not getting right answers.. My ex has a criminal posession charge of a controlled substance in the seventh degree out on bail for domestic violence and violation of a order of protection will he face jail time when he goes bck to court he is charged with child endangerment and assult criminal co.trolled substance meth of course he has a lawyer and today we went to court and he said they may diamiss his drug case ..
- SarahLv 77 years agoFavorite Answer
There are laws that deal with custody and visitation rights of parents in cases of domestic violence. First, the judge must decide if there is domestic violence, and if there is, the judge must follow special rules to decide custody of the children.
The judge will treat your case as domestic violence case if, in the last 5 years:
A parent was convicted of domestic violence against the other parent,
Any court has decided that one parent committed domestic violence against the other parent or the children.
Even if the domestic violence took place more than 5 years ago, the court can still take that into consideration when making child custody decisions. Usually, when a judge decides that your case is a domestic violence case, the judge CANNOT give custody (joint or sole custody) to the parent who committed domestic violence. But that parent can get visitation rights.
A judge CAN give joint or sole custody to the parent who committed domestic violence if the parent who was abusive:
Proves to the court that giving joint or sole custody of the children to him or her is in the best interest of the children;
Has successfully completed a 52-week batterer’s intervention program;
Has successfully completed substance abuse counseling if the court ordered it;
Has successfully completed a parenting class if the court ordered it;
Is on probation or parole and has complied with the terms of probation or parole;
Has a restraining order against him or her and has followed the order; and
Has NOT committed any further domestic violence.
- 7 years ago
You should apply to Family Court to get Custody of your son. If your ex is charged with domestic violence and using drugs you would get custody of your child. You could get a lawyer at Legal Aid if you cannot afford one. Also the Courts do look at these types of cases and make their decisions based on what is ``in the best interest of the child`` so why would they give your ex custody when he is so violent and uses drugs? I hope you can get some good legal council soon. Good luck.Source(s): Legal experience in Family court