Seeking a Virginia Divorce From an Abusive Husband (Part A)

If you and your children are the victims of an abusive husband and father, Virginia child custody laws may not provide your family with the immediate protection and justice you need and deserve.

The reason the Virginia child custody laws often fail to provide victims of domestic violence with immediate relief and protection from their abusers is that in our justice system, it's not what you know; it's what you can prove.

Under Virginia child custody laws, a judge will decide child custody based upon the idea of what is in the child's best interests. But this is often a tall order, even for a family court judge, because he or she has to wear the same blindfold as Lady Justice.

Patterns of an Abusive Husband & Admissible Evidence

A judge presiding over Virginia child custody laws must follow strict admissible evidence rules which virtually negate your personal testimony as to any physical and mental abuse by your husband as "hearsay."

Furthermore, if your children are deemed intellectually immature by the judge, he will not hear from them in chambers on any matters, including parental preference and/or testimony of abuse. Generally, a child younger than 12 years old will not be interviewed.

Your abusive husband is probably artful in manipulation, shrewd, sly, and intelligent. He is likely to be seen as charismatic and in control of his emotions during court proceedings, which may come as a shock to you.

Yet, these factors make it all the more crucial that you and your Virginia divorce attorney are able to establish a pattern of abuse through admissible evidence.

Even when enough admissible evidence establishing the history of your abusive husband is shown, the judge may still offer remedies for your abusive husband to follow in order to see his children.

Remember that under Virginia child custody laws, each parent has equal rights and responsibilities to their children. This is any judge's default position. It is up to you and your Virginia divorce attorney to prove that your abusive husband has lost those rights.

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information-estate planning for young families-www.generationslawfirm.com
information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com

Charles R. Hofheimer View lawyer's profile

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