Courts in New York State see an environment of domestic violence as a clear and present danger to the well-being of children. If a court evaluator determines that abuse and conflict in the marital relationship is unremitting, it is possible for the court to remove custody of the children from both parents. That's true even for the parent who is the "victim," though less so now after new case law established by recent Federal litigation. Consequently, if your marriage is afflicted by abuse of any type, it is imperative to bring it to the attention of your lawyer so that steps can be taken not only to protect your kids and you from the abuse itself, but also so you won't lose them to Child Protective Services. The sooner you act, the better.