In a recent New York Law Journal article summarizing a Family Court case, a husband and wife who had two children from their marriage were getting a divorce. The husband had been arrested for acts of domestic violence—assault—against his wife. While the wife was awarded sole custody of her children, the husband was still allowed visitation despite his domestic violence record. The judge even wrote an order of protection calling for the husband to stay away from the wife.

When a court decides which parent a child will live with, or if the child will live with both parents (a form of joint custody), the court must take many factors into account. What is the schedule of each parent? Who has the best relationship with the child? Ultimately, the court must decide what it think is in the best interest of the child.

In this case, the court made its decision to award sole legal custody to the wife. The court considered a forensic report, input from the children’s attorney and testimony in making its decision. The mother wanted her children to have a relationship with their father. Consequently, the court awarded the father visitation time. This arrangement is not always possible when a parent has committed acts of domestic violence, though. The court noted that the acts were committed against the mother only, however.

Because the parents could not get along, the wife was granted decision-making powers. This means that she would be able to make decisions about important aspects of her children’s life such as their education and religious upbringing without having to obtain the consent or input of their father.

If you are going through a divorce, and you have children, then it is essential to work with a lawyer. An attorney can ensure that you and your children’s rights are protected throughout the process and that the divorce ends with an appropriate decision or settlement. Call 718-514-6619 to set up a free in-person initial consultation with attorney Jayson Lutzky. Mr. Lutzky has over 32 years of experience and represents clients in family court and in divorce cases on matters related to child support and child custody. Visit to learn more about Mr. Lutzky.