US-New YorkCan a parent lose custody for domestic violence?
Yes, a parent in New York can lose custody if found to have committed domestic violence, as courts must consider domestic violence as a critical factor in custody determinations.
What the Law Says
New York law explicitly requires courts to consider evidence of domestic violence when making custody and visitation decisions. The legislature has mandated that domestic violence be weighed heavily — and often dispositive — in determining what arrangement serves the child’s best interests.
Under the Family Court Act § 812, the court 'shall consider evidence of domestic violence' when deciding custody or visitation. This includes physical, sexual, or psychological abuse between family or household members.
The statute further states that the court 'shall consider the effect of such conduct upon the child and the child's relationship with the parent who engaged in such conduct.' This means even if the violence was not directed at the child, its impact on the child’s emotional safety and stability matters.
Additionally, Criminal Procedure Law § 530.11 authorizes criminal courts to issue orders of protection that may restrict or suspend parental access — and Family Courts must give 'full faith and credit' to those orders when making custody rulings.
Statutory TextThe court shall consider evidence of domestic violence... and shall consider the effect of such conduct upon the child and the child's relationship with the parent who engaged in such conduct.
— Family Court Act § 812 — Custody and visitation determinations
Statutory TextAn order of protection issued by a criminal court... shall be given full faith and credit by the family court.
— Criminal Procedure Law § 530.11 — Orders of protection
What Courts Have Said
New York appellate courts have consistently held that domestic violence is a decisive factor undermining a parent’s fitness — especially when it threatens the child’s physical or emotional well-being.
Court affirmed denial of custody to father after he assaulted mother in front of their child; held that exposure to domestic violence created an 'impermissible risk' to the child’s emotional development.
Court reversed custody award to mother who minimized her history of coercive control and threats toward father, finding she failed to protect the child from the destabilizing effects of ongoing abuse.
What to Do
If you are a victim: File for an order of protection in criminal or family court immediately — it can trigger automatic custody review.
Document all incidents (photos, texts, police reports, witness statements) — courts rely heavily on credible evidence.
Request a forensic evaluation or custody assessment if the other parent contests allegations — trained professionals can assess risk to the child.
Consult a family law attorney experienced in domestic violence cases — legal aid is available through NY State’s Domestic Violence Legal Help website.
Never agree to unsupervised visitation if abuse is recent or ongoing — courts may require supervised visits or deny access entirely.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.