The Outcome of Domestic Violence on Child Child custody Cases

 

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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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6 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