Raising a Child With an Abusive Ex-Spouse

May 25, 2022

How to Co-Parent with an Abusive Ex-Spouse

Child holding a stuffed bear outside under a tree

Whether physical or psychological, domestic abuse is always a traumatic and painful experience. Once the abuse victim gets out of this situation, they never want to look back or go near their abusive spouse again. But when children are in the picture, the situation gets far more complicated.

 

For instance, despite the abuse you’ve endured, the court may think your ex is fit to co-parent with you. In that case, you’ll likely have to keep some form of communication with them, even if you don’t feel comfortable with it. That may seem cruel and unfair, but in the court’s eyes, the child benefits when having two parents in their life instead of just one.

 

Still, that doesn’t mean you shouldn’t take certain measures to protect yourself physically and mentally. In fact, setting firm boundaries and staying safe is the key to having a functional co-parenting relationship with your abuser. If you’re not sure how to do that, we’re more than happy to give you some advice.

How Does Co-Parenting Work?

Co-parenting is a term typically denoting a relationship between two former spouses who are still raising a child together. It involves sharing certain responsibilities, paying for the child’s needs together, and spending time with the child in turns. Even when a marriage ends fairly amicably, co-parenting can be difficult, as it requires continued communication that may be painful.


But when one spouse was abusive to another, things get even more complicated. In such a case, healthy co-parenting may seem almost impossible. However, as long as you keep your child’s best interests first and remember that they look up to you as a model of strength and responsibility, you’ll find a way to make it work. Just don’t forget to keep yourself safe in the process.


How to Safely Co-Parent With Your Abuser

Advocate for Yourself in Court

Before determining who should have primary custody and working out all the other co-parenting details, the court needs to know exactly what it’s dealing with. In other words, if your ex has been physically or mentally abusive to your child as well as to you, you need to bring it up. Sometimes, abuse victims fear that speaking out about the abuse in court could only worsen the situation. But in reality, the court needs these details to decide on the best course of action.

 

If the court finds out that your spouse has been abusive towards your child, too, it’s far more likely to place severe limitations on their visitation rights. That, already, is a small victory, as you won’t need to see them quite as often.

 

We should warn you that speaking out in court may result in your abuser’s anger and retaliation. That’s not a reason not to advocate for yourself, though. But if you feel like your ex could potentially harm you, make sure to file for a restraining order.

Set Clear Boundaries From the Start

Even if you no longer live with them and your contact is minimal, your abuser may still try to manipulate you. They may twist your words, try to turn your child against you, or attempt to present themselves as the victim in the scenario. And while you have to co-parent with them, you certainly don’t have to tolerate any of this. That’s why it’s important to set firm boundaries.

 

In other words, you need to listen to yourself and decide how much you can take. How many hours of communication can you tolerate? What communication methods are acceptable? What can your abuser talk to your child about, and what’s off-limits? All these questions may be difficult to answer, but you need to do it as quickly as possible and clearly set these boundaries from the start.

Have a Definitive Custody Schedule

When outlining your custody schedule — the time your child will spend with you and with their other parent — be as precise as possible. This custody schedule should reflect the desires of both parents as much as possible, but it should leave no room for discussion. Abusers frequently use ambiguity to overstep the boundaries by claiming there was a miscommunication or misunderstanding. 

 

For example, the court might determine your child should spend Christmas Eve with one parent and Christmas Day with another. If there are no clear pick-up and return times, though, your ex could keep your child longer and infringe on your rights. Even worse, they could use this ambiguity to control you through your child. To avoid that, make a detailed schedule right off the bat and get a court order to enforce it if you have to.

Meet Only in Safe Locations

If you have to meet your abuser — for example, during pick-ups and drop-offs — make sure to do so somewhere safe. The location should be as neutral as possible and preferably a public space. In other words, don’t go to your ex’s house and don’t allow them to come to yours. Instead, your child’s school or daycare could be a convenient location.

 

And if you feel uncomfortable meeting your ex alone, even in a public place, bring someone along for support. That person will certainly relieve some of the tension and ensure no harm comes your way.

Report Any Breaches

Your abusive ex might try to breach the custody schedule or the separation agreement. For instance, they may constantly be late when picking up and dropping off your child, or they may schedule activities during your custody time. They could even go so far as to keep the child overnight despite the prohibition. These breaches constantly happen and give you every right to report them.

 

And that’s exactly what you should do. Even if the situation may not seem particularly serious, you can’t allow your abuser to start overstepping boundaries with no repercussions. Instead, remain calm and contact your attorney. They will send a letter to your ex, reminding them of the agreement and their responsibilities. If that doesn’t work, you can take it further — even file a motion for contempt.

 

What you shouldn’t do is confront your abuser directly. That opens the door to more abuse, and you absolutely shouldn’t expose yourself to that.

In Conclusion

Co-parenting with your abusive ex is extremely challenging and requires patience, strength, and perseverance. Your abuser won’t make it easy for you, but remember that you don’t have to be alone in this. Ask for help and support when you need it, and someone will certainly answer. And don’t forget to put your safety first, set firm boundaries, and stick up for yourself when necessary. That’s the only way to protect yourself while allowing your child to still communicate with their other parent.

When dealing with the complexities of raising a child with an abusive ex-spouse, it is vital to consider the importance of legal support. To effectively navigate the challenges of such a situation, you may want to hire a lawyer for child support claims. An experienced attorney can help ensure that your rights are protected and that your child's best interests are prioritized during the legal process

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September 28, 2026
Could North Carolina’s One-Year Separation Requirement for Divorce Be Changing?  North Carolina law currently requires most married couples to live separate and apart for at least one year before either spouse can file for an absolute divorce. That requirement could change significantly under legislation currently pending in the North Carolina General Assembly. The proposed Senate Bill 626, titled the Domestic Violence Divorce Reform Act, would shorten North Carolina’s separation requirement, create exceptions that could allow some spouses to divorce without waiting six months, and eliminate claims for alienation of affection and criminal conversation. Since Senate Bill 626 was introduced in March 2025, Senator Woodson Bradley has introduced Senate Bill 836, a newer version of the Domestic Violence Divorce Reform Act that carries forward the same proposed changes discussed below. Senate Bill 836 was filed in April 2026 and is currently pending in the Senate Appropriations/Base Budget Committee. While these proposals have recently received significant media attention, they have not become law. For now, North Carolina’s existing divorce requirements remain in effect. What Does North Carolina Law Currently Require? Under current North Carolina law, spouses generally must live separate and apart for at least one year before filing for an absolute divorce. At least one spouse must also have been a resident of North Carolina for at least six months before the divorce action is filed. “Separate and apart” means that the spouses are living in different residences and that at least one spouse intends for the separation to be permanent. Importantly, couples do not have to wait until the one-year separation period expires to address other issues arising from their separation. Matters such as child custody, child support, postseparation support, alimony, and equitable distribution may be addressed while the parties remain legally married. In fact, the claims for equitable distribution and spousal support must be pending prior to the entry of a divorce judgment or the claims are destroyed. What Would the Proposed Law Change? The pending legislation would make several substantial changes to North Carolina divorce law. 1. Reduce the Separation Period From One Year to Six Months The most significant change for many separating couples would be reducing the required period of separation from one year to six months. If enacted, a spouse could then seek an absolute divorce after the parties had lived separate and apart for six months rather than waiting a full year. 2. Allow Some Uncontested Divorces Without a Six-Month Wait The proposal would also allow the six-month separation requirement to be waived by agreement of both spouses when the divorce is uncontested and the marriage does not involve minor children. This would substantially accelerate the divorce process for spouses who agree that their marriage should end and do not have minor children. However, it will be particularly important in these instances for the parties to confirm their rights to spousal support and equitable distribution are preserved or those issues are otherwise resolved prior to entry of the divorce judgment. 3. Create an Exception for Victims of Domestic Violence The proposed law would also create an exception to the separation period for certain victims of domestic violence. Under the current version of the bill, a spouse who is a victim of domestic violence committed by the other spouse could seek a divorce without satisfying the six-month separation requirement. The person seeking the divorce would be required to provide specified evidence supporting the domestic-violence allegation, including documentation from at least two qualifying sources, such as court or law-enforcement records, a domestic-violence program, or a medical or other professional. This would represent a significant departure from existing North Carolina law, which generally requires the same period of separation before an absolute divorce regardless of the circumstances that caused the marriage to end. For victims of domestic violence, eliminating the waiting period could provide an important avenue to legally end the marriage sooner. At the same time, the ability to obtain an absolute divorce more quickly makes it especially important for a spouse to understand and preserve any other legal rights arising from the marriage before the divorce is entered. Under North Carolina law, certain claims such as equitable distribution and spousal support can be lost if they are not properly asserted before entry of an absolute divorce. A shortened path to divorce should therefore be considered alongside these related financial rights so that a victim seeking to end the marriage promptly does not inadvertently give up claims that may provide important financial protection and stability moving forward. The Proposal Would Also Eliminate Alienation of Affection and Criminal Conversation Claims The legislation goes beyond changing the waiting period for divorce. It would also abolish North Carolina’s civil causes of action for alienation of affection and criminal conversation, sometimes referred to as “heart balm” claims. North Carolina is one of only a few states that continue to recognize these claims. Generally, alienation of affection permits a spouse to pursue a civil claim against a third party alleged to have wrongfully interfered with the marital relationship. Criminal conversation is a separate claim involving sexual intercourse between the plaintiff’s spouse and a third party during the marriage. If the legislation becomes law as currently written, both causes of action would be abolished for new cases. The bill specifically provides that the change would not affect cases already pending when the legislation becomes law. Has the Law Changed Yet? No. As of September 2026, North Carolina still requires spouses seeking an absolute divorce based on separation to live separate and apart for one year. The proposed legislation remains under consideration by the North Carolina General Assembly. Until legislation is passed and becomes effective, separating spouses should continue to plan based on the existing one-year requirement. Considering Separation or Divorce in North Carolina? Whether the waiting period is one year or six months, the entry of an absolute divorce can affect important legal rights. Before filing, it is important to consider whether there are unresolved issues involving property division, retirement accounts, debts, spousal support, child custody, or child support. As noted above, certain claims must be properly asserted before the entry of an absolute divorce judgment or they may be lost. That is one reason it can be important to speak with a North Carolina family law attorney before filing for divorce, even when both spouses agree that they want to be divorced. If the required separation period is ultimately shortened, that advice could become even more important because separating spouses may have a much shorter window in which to identify and preserve their financial claims. If you are considering separation or divorce in North Carolina, the attorneys at Russell Family Law & Litigation can help you understand your rights, determine which claims may need to be preserved, and develop a plan for moving forward.
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August 26, 2026
North Carolina courts generally calculate child support using the statewide Child Support Guidelines . These guidelines are designed to create consistency and fairness while considering the needs of the child and the financial circumstances of both parents. The court examines factors such as: Each parent’s gross income Health insurance costs for the child and who is paying them Childcare expenses and who is paying them Existing support obligations a parent may have The amount of time the child spends with each parent The court seeks to understand each parent’s overall financial picture when determining support. The amount of parenting time can significantly affect child support calculations. North Carolina uses different worksheets depending on the custody arrangement: Primary Custody: One party has physical custody of all of the children for whom support is being determined for 243 nights or more during the year. Shared Custody: Both parties have at least 123 overnights per year with the child. Split Custody: Cases in which one parent has primary custody of at least one of the children for whom support is being determined and the other parent has primary custody of the other child or children. Different worksheets can produce substantially different support obligations, so it’s important to ensure you are using the correct Worksheet for your family’s circumstances. Every family situation is unique, and the Child Support Worksheets may not accurately reflect your family’s circumstances. In certain situations, the court may also deviate from the Child Support Guidelines when application of the guidelines would be inappropriate or unjust. If you have questions about child support calculations, modifications, or enforcement , speaking with an experienced family law attorney can help you better understand your rights and obligations under North Carolina law. The attorneys at Russell Family Law & Litigation are available to discuss your situation and provide guidance tailored to your family’s needs. Contact our office to schedule a consultation today.
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As summer comes to an end, families begin preparing for a new school year. For divorced or separated parents, back-to-school season can bring challenges related to custody schedules, transportation, extracurricular activities, and communication. Taking time to plan ahead can help reduce conflict and smooth the transition into a new school year. Review Your Custody Schedule Before School Starts Many parenting plans include separate schedules for summer and the school year. Before classes begin, review your custody agreement to ensure both parents understand when the school-year schedule takes effect. Confirm details such as: Exchange times and locations School pickup and drop-off responsibilities Transportation arrangements Before- and after-school care Addressing questions before the first day of school can prevent misunderstandings later. Share Important School Information Both parents should have access to essential school information whenever possible, including: School calendars Teacher contact information Report cards and progress reports Extracurricular schedules Parent-teacher conference dates Keeping both parents informed supports consistency and helps children feel supported by both households. One easy way to ensure that both parents have all the necessary information regarding the child’s schooling is to have both parents obtain access to any online portals the school may have and share information through.
June 30, 2026
“Everything you expect, accept the opposite.” – Erin E. Russell  At first glance, this quote may feel pessimistic or even unsettling. But in the context of family law, it offers something far more valuable: perspective, preparation, and ultimately, protection. Why Expectations Can Work Against You When people come to us, they often have a clear idea of how their case should go. “We’ll agree on everything.” “This will be quick.” “The court will see things my way.” “My spouse would never do that.” Sometimes those expectations are right. But often, they’re not. Family law cases whether divorce, custody, or support are deeply personal. Emotions run high. Circumstances change. People act in ways that surprise even those closest to them. When expectations are rigid, disappointment can hit hard. Worse, it can leave you unprepared for the realities of the legal process. What “Accept the Opposite” Really Means This quote isn’t about assuming the worst. It’s about preparing for possibility . It means: Being ready for cooperation but planning for conflict Hoping for a quick resolution but preparing for delays Expecting fairness but understanding legal complexities Trusting the process but protecting your interests In family law, preparation is power. The Reality of Family Law in North Carolina North Carolina law provides structure but every case is unique. Judges make decisions based on facts, evidence, and the best interests of any children involved. Outcomes aren’t always predictable. For example: Custody decisions are not about “winning” they’re about what serves the child Property division follows equitable distribution, not necessarily a 50/50 split Support obligations depend on detailed financial factors, not assumptions Understanding these realities helps you move forward with clarity instead of frustration. How Preparation Protects You When you approach your case with flexibility and realistic expectations, you gain an advantage: You make more strategic decisions You avoid being caught off guard You reduce emotional stress when things don’t go as planned You stay focused on long-term outcomes not short-term reactions In other words, you stay in control even when the situation feels anything but. Our Approach At our firm, we don’t just guide clients through the legal process we help them prepare for it. That means: Giving you honest, straightforward advice Helping you understand both best-case and worst-case scenarios Building a strategy that protects you no matter how things unfold Because the truth is, family law isn’t just about what should happen. It’s about being ready for what might happen. Final Thought “Everything you expect, accept the opposite” isn’t about fear it’s about strength. When you prepare for the unexpected, you’re no longer reacting. You’re ready. And in family law, readiness makes all the difference.
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Blended families are increasingly common, but combining households after divorce or separation brings unique legal considerations. When you are remarrying, taking proactive legal steps can help protect your children, your finances, and your peace of mind. Understanding how remarriage affects existing legal obligations is essential to avoiding unintended consequences. How Remarriage Can Affect Custody Remarriage alone does not automatically change custody arrangements. However, changes in household dynamics may raise issues such as: Adjustments to parenting schedules Introduction of stepparents or stepsiblings Changes in the child’s daily routine Concerns about stability or safety Courts focus on the best interests of the child, not the preferences of the parents. If a new relationship significantly affects the child, modification of custody may be requested but only if there is a substantial change in circumstances. Child Support and New Relationships A new spouse’s income generally does not count toward child support calculations. However, remarriage can still have indirect effects, such as: Reduced household expenses for the paying parent Changes in a parent’s ability to meet financial obligations Issues arising when a parent stops working or changes employment It is important not to assume that remarriage eliminates or reduces child support obligations without a court order. Alimony Considerations Remarriage has a direct impact on alimony. Alimony terminates automatically upon remarriage of the receiving spouse; however, it’s important to note that remarriage is not required to terminate alimony. In North Carolina, cohabitation can also justify termination.  Prenuptial Agreements Prenuptial agreements can provide clarity and prevent future disputes by addressing: Ownership of premarital assets Division of property upon divorce Treatment of inheritances and gifts Financial responsibilities during the relationship For blended families, these agreements can help preserve assets for children while still providing for a new partner. Blended families can thrive with thoughtful planning and informed legal guidance. Taking proactive steps before remarrying can reduce conflict, protect children’s interests, and provide stability for everyone involved. If you are considering remarriage or cohabitation and have existing custody, support, or property obligations, consulting with a family law attorney can help you understand how your choices may affect your rights and responsibilities. Contact our office today to schedule a consultation with an experienced family law attorney.
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When parents share custody, the schedule matters just as much as the legal description. Even well-intentioned parents can struggle when a custody arrangement looks fair on paper but proves unworkable in real life. The most successful shared custody schedules are those that prioritize the child’s stability, accommodate the parents’ realities, and minimize conflict. Below are some of the most effective shared custody schedules and the factors parents should consider when deciding what truly works. Before discussing specific schedules, it’s important to understand the guiding principle: the best interests of the child. In determining the best interests of the child, courts consider factors such as: The child’s age and developmental needs Each parent’s work schedule and availability The distance between parents’ homes (and the distance between those homes and the child’s school) The child’s school and extracurricular activities Each parent’s ability to communicate and co-parent The historical caregiving roles of each parent A schedule that works well for one family may be inappropriate for another.
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When one or both spouses own a business, divorce often involves additional legal and financial challenges. Whether the business is a closely held company, professional practice, family enterprise, or side venture, it often represents years of effort and can quickly become one of the most contested issues in a divorce.
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Family law cases are among the most emotionally challenging legal experiences a person can face. Beyond the paperwork and court dates, there’s a deep emotional toll that comes with major life changes involving your family, children, and future. At Russell Family Law & Litigation, we understand that family law isn’t just about legal outcomes – it’s about people, healing, and moving forward. Here are some strategies to help you cope with the emotional side of your case while protecting your mental and emotional well-being. 1. Acknowledge What You’re Feeling It’s completely normal to feel overwhelmed, angry, anxious, or even numb during a family law case. Whether you’re ending a marriage or navigating a custody issue, you’re dealing with loss, change, and uncertainty. Give yourself permission to feel whatever comes up. Suppressing emotions can make the process even harder. 2. Focus on What You Can Control So much of the legal process can feel, and in reality is, outside your control - the court’s schedule, your ex-partner’s actions, or the pace of negotiations. Instead of fixating on what you can’t change, try to focus on what you can , including: How you respond to stress How you communicate with your attorney and their team How you care for your physical and mental health Keeping your attention on small, manageable steps can help reduce some of the inevitable anxiety. 3. Build a Strong Support System Don’t try to go through this alone. Surround yourself with people who can offer emotional support. Speaking with a licensed counselor or therapist can be especially helpful. They can provide tools for managing anger, grief, or anxiety in a healthy way and give you a safe space to process what’s happening with a neutral third party. 4. Take Care of Your Physical Health Emotional stress often takes a physical toll. Eating well, getting enough rest, and staying active can make a significant difference in how you handle the challenges ahead. Even simple habits like walking daily or journaling before bed can help reduce stress and improve your emotional balance. 5. Keep Perspective on the Future It’s easy to feel like your current situation will never end, but family law cases are temporary chapters in your life. Eventually, the legal process concludes, and you’ll have a new foundation to rebuild from. Try to focus on your long-term goals and remember that each small step forward is progress. 6. Lean on Your Attorney for Guidance A compassionate, experienced family law attorney doesn’t just handle the legal side – they can also help you navigate the process with clarity and confidence. At Russell Family Law & Litigation, we take the time to listen, explain your options, and ensure you never feel alone in this process. Knowing that your case is in capable hands can ease much of the stress and uncertainty you may be feeling. If you’re struggling with a divorce, custody matter, or other family law issue, our team at Russell Family Law & Litigation is here to provide both the legal skill and empathetic support you need. Contact us today to schedule a confidential consultation and take the next step toward peace of mind.
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