The Outcome of Domestic Violence on Child Child custody Cases

 

How does domestic abuse affect divorce, custody, and support cases?

Video taken from the channel: ReelLawyers


 

Does domestic violence impact a child custody case in New York?

Video taken from the channel: The Pollack Law Firm P.C.


 

5 Myths about Child Custody and Domestic Violence

Video taken from the channel: domesticshelters.org


 

Will A Charge Of Domestic Violence Impact The Custody Of My Child/Children?

Video taken from the channel: Goldman And Associates Michigan Law Firm


 

What Constitutes Domestic Violence in Child Custody Cases?

Video taken from the channel: Command the Courtroom


 

How Does Domestic Violence Affect Child Custody?

Video taken from the channel: LJ Law


 

4 Ways to Prove Domestic Violence in a Child Custody Case

Video taken from the channel: Command the Courtroom


Domestic violence has become an epidemic in the United States. Every year more than 3 million children are forced to witness Child Custody. Impact of Domestic Violence on a Child Custody Case Allegations of domestic violence are one thing. Being charged with it could be detrimental to your rights as a parent.

In fact, you could lose your custody rights. Whenever a child is the victim of domestic violence or witnesses it between family or household members, it will likely impact child custody. The most serious cases involve one parent directly abusing the child. In this situation, the non-abusive parent has the strongest argument for requesting primary physical and legal custody. In practice, however, any difficulty that a domestic violence victim experiences while trying to co-parent with his or her abuser is generally blamed on the victim in child custody cases.

Said another way: following the separation, the negative impacts of domestic violence typically become the sole responsibility of the victim to overcome. Child Custody Courts take allegations of domestic violence in child custody cases very seriously, and if you’ve been accused, your ability to see your kids is at risk. A domestic violence allegation is serious business. The short answer to this question is: yes, a domestic violence arrest can affect a child custody or divorce case in the state of California.

Such abuse, also called “domestic violence,” can permanently affect which parent receives primary custody of his or her child. Depending upon the severity of the abuse, the abuser may end up with limited visitation and in the most extreme circumstances of abuse loss of parental rights. To learn more about custody decisions in Virginia, see, Child Custody in Virginia. Impact of Domestic Violence on Child Custody Orders in Virginia.

While Virginia law does not prevent an abusive parent from exercising visitation with his or her child, a history of domestic violence can impact a parent’s custody and visitation rights. How Domestic Violence Impacts Child Custody Cases March 6, 2019 Albemarle, Stanly Family law requires judges to base custody decisions solely on the best interests of the child, so accusations of domestic violence are taken very seriously. Ultimately, when it comes to custody cases that do not settle easily, domestic violence ranks among the highest.

The effects of domestic violence will persist throughout the case. Heightened stress, anxiety, and emotional trauma in the atmosphere of these cases make them difficult to handle.

List of related literature:

Domestic abuse assessment in child custody disputes: Beware the domestic violence research paradigm.

“Family Interventions in Domestic Violence: A Handbook of Gender-Inclusive Theory and Treatment” by John Hamel, LCSW, Tonia L. Nicholls, PhD
from Family Interventions in Domestic Violence: A Handbook of Gender-Inclusive Theory and Treatment
by John Hamel, LCSW, Tonia L. Nicholls, PhD
Springer Publishing Company, 2006

Finally, both of us are currently part of a project that is performing in-depth (4to 5-hour) interviews with battered mothers regarding their experience of domestic violence, its effect on their children, and the responses of courts and custody evaluators to the batterer’s use of custody and visitation litigation.

“The Batterer as Parent: Addressing the Impact of Domestic Violence on Family Dynamics” by Lundy Bancroft, Lundy Bancroft Jay G. Silverman, Jay G. Silverman, Silverman Jay G., Peter G. Jaffe
from The Batterer as Parent: Addressing the Impact of Domestic Violence on Family Dynamics
by Lundy Bancroft, Lundy Bancroft Jay G. Silverman, et. al.
Sage Publications, 2002

A survey conducted by the Office of Family Court Services showed a 24% increase in the number of child custody mediation cases between 1988 and 1990, with 26% of the 1700 custody disputes involving physical or sexual child abuse (“Custody battles increase sharply,” LAT, November 10, 1991).

“Anatomy of the McMartin Child Molestation Case” by Edgar W. Butler, Hiroshi Fukurai, Richard Krooth, Jo-Ellan Dimitrius
from Anatomy of the McMartin Child Molestation Case
by Edgar W. Butler, Hiroshi Fukurai, et. al.
University Press of America, 2001

Domestic violence in the context of child custody evaluation has been receiving increased attention in recent years, most likely because of certain legislative initiatives, judicial decision making, and enhanced public awareness.

“Current Perspectives in Forensic Psychology and Criminal Justice” by Curt R. Bartol, Anne M. Bartol
from Current Perspectives in Forensic Psychology and Criminal Justice
by Curt R. Bartol, Anne M. Bartol
SAGE Publications, 2006

Domestic violence and empowerment in custody and visitation cases: An empirical study on the impact of domestic violence.

“Divorce and Family Mediation: Models, Techniques, and Applications” by Jay Folberg, Ann Milne, Peter Salem
from Divorce and Family Mediation: Models, Techniques, and Applications
by Jay Folberg, Ann Milne, Peter Salem
Guilford Publications, 2004

Inspections of family courts in different parts of the country have been critical of a lack of attention to the impact of domestic violence on children, including the failure to obtain relevant information about criminal convictions.

“Violence Against Women: Current Theory and Practice in Domestic Abuse, Sexual Violence and Exploitation” by Aisha Gill, Lorraine Radford, Christine Barter, Elizabeth Gilchrist, Marianne Hester, Nancy Lombard, Alison Phipps, Nel Whiting, Lesley McMillan, Melanie McCarry, Marsha Scott, Evan Stark, Kirstein Rummery
from Violence Against Women: Current Theory and Practice in Domestic Abuse, Sexual Violence and Exploitation
by Aisha Gill, Lorraine Radford, et. al.
Jessica Kingsley Publishers, 2012

Although there are laws that direct judges to consider domestic violence in making their decisions about access to children, the prevailing belief still is that two parents are better than one, even if one of them is at high risk to inflict psychological or physical harm on the mother and the children.

“The Battered Woman Syndrome” by Lenore E. Walker
from The Battered Woman Syndrome
by Lenore E. Walker
Springer Publishing Company, 2001

States have responded with legislation that requires judges to consider domestic violence as a factor in their decisions regarding custody and visitation.

“Violence in the Home: Multidisciplinary Perspectives” by Karel Kurst-Swanger, Assistant Professor of Department of Public Justice Karel Kurst-Swanger, Jacqueline L. Petcosky
from Violence in the Home: Multidisciplinary Perspectives
by Karel Kurst-Swanger, Assistant Professor of Department of Public Justice Karel Kurst-Swanger, Jacqueline L. Petcosky
Oxford University Press, 2003

Thus, despite new laws to protect battered women from husbands and live-in companions, there may be fewer arrests and convictions as law enforcement agencies exercise the option of referring victims (or assailants) to domestic violence programs.

“Violence Against Women” by Claire M. Renzetti, Raquel Kennedy Bergen
from Violence Against Women
by Claire M. Renzetti, Raquel Kennedy Bergen
Rowman & Littlefield, 2005

Recent research shows that approximately seventy-five percent of the contested custody cases that require judicial intervention are cases in which there is a history of domestic violence.

“Modern Family Law: Cases and Materials” by D. Kelly Weisberg
from Modern Family Law: Cases and Materials
by D. Kelly Weisberg
Wolters Kluwer, 2020

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

Mail: [email protected]
Telephone: +1 (877) 492-3666

Biography: https://medicine.yale.edu/profile/kutluk_oktay/
Bibliography: oktay_bibliography

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20 comments

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  • Why is there even a question about whether a child is affected by domestic violence? The effects may not be visible until later. This is an example of the undeserved mercy given to domestic abusers in child custody cases.

  • I can’t forget how I caught my cheating ex-partner. He was a good liar and I had to get evidence… I got help from an ethical hacker… The hacker helped me get his texts and social media conversations he had with other men while I was busy at work… You guys can try him though. His email is [email protected] gmail.com Sometimes stuff like this is very disappointing but with time, things will get better.

  • Nope. The abuser is awarded placement! Try again.
    Those of us who have been through it know how it truly works…the abuser gets custody so the protective parent gives up every material possession they own to gain nothing, and advance the profit making family “circus” courts. Then, we are forced to pay child support to our abusers while they deny us court ordered time with our children! C-PTSD and Legal Abuse Syndrome at it’s best. Please stop feeding people your “Bar Association sponsored bullshit.” This is not the reality in family court rooms today.
    Real victims of domestic violence are not believed!!

  • In my case we are victims of conjugal abuse. It was more emotionally abusive and threats he put axes on the bed when I changed the locks I gave one key I should’ve given none he’s some how free and some how has custody the cops here are the worst. Lied about the axes saying I placed them when I did not he was harassing me and stalking me and non stop calling me I managed to record him on audio,but he stole the phone I recorded it on out of my apartment I have no proof he’s stolen those items just that their missing. There’s a restraining order yet some how he has custody and lied in court about my whereabouts I have proof of this. It’s been a tough road I feel like I Can’t protect my kids the system is the worst here they are still further abused by him and afraid

  • i was able to get evidence of my cheating wife through the services of [email protected] gmail.com i got a detailed information about her secret dating, call logs, whatsapp and others and he hacked it without physical access of his phone. you can contact him too he also helped two other people i know

  • If the parent has court ordered placememt and that parent is abusive to her fiance and the other party hears about it and cps doesn’t lodge an investigation can u legally keep the child away from the abusive home until the next placememt hearing

  • If my ex husband has a domestic violence case, 3 warrants and previous charges on his records for assault of a family member is their anyway we can go around supervised visits? My son gets hysterical everytime he sees him. (My parents are the supervisors when he visits)

  • what if the abuse has only rly been bad emotionally? my dad has laid hands on my mom one time but i have no proof of it.. he controls every aspect of her life (checks everything she wants to post on social media before she posts it, doesnt let her buy anything without his approval, controls what she wears, and wont allow her to go to therapy) the problem clearly isnt my mom, its my dad. ive been recording convos w him for proof of gaslighting and emotional abuse (hes very emotionally abusive to me and my siblings and has hit my 17 year old brother) but im not sure how much that will hold up in court. my parents aren’t divorced, i keep trying to convince my mom to divorce him but shes too scared. is there a way i can just move out of the house completely? i am 13 so i know it could be a few years but i wantto leave asap. im in NC so if anyone knows anything and could try and help pls lmk. ❤️��

  • I regret not calling the cops every time there was domestic violence at my home, in front of my child. I been dealing with a covert narcissist and he knew exactly how to control me. He would throw things at me instead of putting his hands on me for the sake of saying “I never put my hands on you”

  • Wow. So the fact that a domestic violence protective order was issued and served is evidence of domestic violence?????????????????????????

  • Hello, we’re currently going through a custody case with my step daughter. The child is being forced by her mom and her husband (DV history and child neglect) to tell her lawyer she wants to live with her. she confesed to us she saw them fighting and described how it happened but now she is denying it because she’s too scared of her mom. if she doesn’t talk about it, what can we do?

  • Sadly, good mothers do lose custody of their children to abusers. Thank you for this advice that can help prevent that. https://womansubmit.blogspot.com/2017/12/good-mothers-do-not-lose-custody-of.html

  • i’ve had verbal abuse for years. put downs and told it’s my fault. she’s thrown things and attacked me a handful of times over the years. this last time i called the police since marks were made and i’m sick of it. they arrested her. she blames me for getting her arrested. narcissist. it’s her fault. she has threatened me in front of our 10 year old. great isn’t it?! i’ve never touched her and luckily she said the same to the police.

  • My child has witnessed his mother assaulted me on two occasions, Sheriff was called twice; they did nothing, DCF was called in against her twice; they did nothing, our child’s behavior was compromised by witnessing the assaults and constant arguing, I filed for restraining order; it was denied after the assaults, harrassment, stalking, threats of violence and a death threat from an individual she gave my personal cell phone number to and not to mention she made an attempted to strike me with a motor vehicle as I was leaving my doctors office. Most of these incidents have been in the presence of our child. Now, with nothing being done to stop this which has forced me to buy a firearm for the first time, what should my next plan of action be that’s liable to fail due to a bias and/or lazy court and law enforcement system? I’m afraid that, one day, the end result will be either she kills me, or I kill her.

  • A representation of [abuse] is labeled a [parental alienation] case. The nation’s divorce courts label abuse cases [parental alienation] cases. Parental alienation has nothing whatsoever to do with alienating behavior and everything to do with abuse. The one thing good fit non-custodial parents have in common is they entered divorce court with an abuse case. The [Battered Mothers Custody Conference] exists because if a mother is battered by her spouse or [mother is a victim of domestic violence] the batterer will be awarded custody of the children. The good fit mothers are court ordered [no contact or supervised visits] based on parental alienation. The U.S DOJ investigated and found the nation’s minors attorneys and custody evaluators recommend and the nation’s judges award custody to abusive fathers based on [parental alienation]. In the nation’s divorce courts 92% of fathers that incest their children are awarded custody. I a father incests his children-it is a slam dunk he will get custody.

  • besides hitting me with his now wife’s car, my son was put into his truck with a dog that attacked him in the face. he warned us about this dog 2 weeks bf that it bit a child and don’t touch it. so why you put a 4 yr old in a car with a vicious dog. Should I show proof to judge, he’s now 9 yrs old and remembers this event.

  • Hudson county gave custody of my daughter to my abusive ex I filed for a restraining order and my judge got changed he field a motion for custody behind my back and I have Been going through HELL for months I can’t get pro bono or legal aid I need help I don’t know how they can allow this to happen my child’s in danger her father is not a citizen

  • I’m 16 my dad died before I was born and my mom has been getting beat up by her boyfriend and I’ve been to scared to do anything or I didn’t know what to do I thought if I told someone like the police I would get in trouble because I didn’t realize how bad this actually was it was just a normal thing but it’s not normal and this has been happening for as long as I can remember every time he would come over because he never lived with us but would maybe stay weeks at a time and one of these nights I called the police for the first time because I thought my mom was going to die and I was scared the police took him but idk if anything even happened with it but he’s no longer allowed to come to my house and I’ve always kind of not really respected my mom rly bc I guess I’m just realizing this how can you truly respect the person who’s supposed to take care of you and keep you safe when your willingly putting your self in a situation where you end up getting hurt she’s a therapist like I just don’t get how this even started but since this has happened we have become closer and I guess even therapist need therapy

  • my kids dad beat me all the time when he finally left me.I put a pfa against him.he even sexually assaulted me countless times and judge still gave him joint custody and his brother lives w him and hes a convicted sex offender.they said every other sat for 8 hrs.now my daughter is acting out and a therapist think she may be getting sexually abused.now the kids dad is suing me for full custody BC I have major depression.

  • Question…what if parent has had 6 documented cases of assault over last 5 years most recent two in 2017..other children were witnesses to thier mother being beat and my kids have witnessed assaults in past..mental health issues…proof of emotional and mental abuse of kids..on supervised visits now…can they get a modification for unsupervised?