In no other area of family law are battered women and their children inadvertently subjected to greater physical and emotional harm than in the child custody and visitation context. Battered women are often forced to participate in custody arrangements that require mediation, unsupervised custody and visitation, and
other types of exchanges that leave them and their children vulnerable to continued abuse and control at
the hands of their batterers. Women who try to protect themselves and their children by seeking sole custody or modifications in custody arrangements such as cessation of visitation, supervised visits, or who flee with their children are penalized by having custody taken away and given to their batterers. Despite the perception that mothers always win custody, when fathers contest custody, they win sole or joint custody in 40% to 70% of the cases.1 Indeed, even in cases where abuse is reported, a batterer is twice as likely to win custody over a non-abusive parent than in cases where no abuse is reported. 2 Domestic violence
While there is no uniform law that governs child custody, all states use the same standard in determining custody arrangements, called the “best interest of the child” standard. Under that standard, courts look at a number of factors in determining what type of custody arrangement would best suit the child’s physical, intellectual, moral, and spiritual needs. Most states have separate statutes governing child custody and domestic violence. Although many states require the court to consider domestic violence in making temporary or final custody determinations, others do not. Moreover, a number of state custody
statutes make no mention of domestic violence as a factor to be considered in making custody awards. Of
equal concern are joint custody provisions that do not take into account how domestic violence puts both the
survivor and her child/children at further risk. See the section of this Legal Resource Kit entitled
“State Custody Laws That Consider Domestic Violence” for a complete list of custody statutes in the
different states. Indeed, for the battered woman, the custody and visitation processes often become a means by which a batterer furthers his abuse through attempts to continue to maintain control. Most forms of shared custody and visitation involve some type of proximity or contact between the battered woman and her abuser during the exchange of the child between parents. During these exchanges battered women are often subjected to verbal and physical harassment, stalking, assault, and threats, including the threat of child kidnapping.4 Women who deny visitation or who go to court to request a modification or supervised visitation in order to protect themselves and their children are frequently accused of trying to alienate the
child from the abusive parent.
Myths and Facts About Domestic Violence and Child Custody
Showing posts with label Fathers custody. Show all posts
Showing posts with label Fathers custody. Show all posts
Thursday, June 17, 2010
Sunday, June 13, 2010
What happens in Domestic violence and Child custody, Visitation: The Truth
In no other area of family law are battered women and their children inadvertently subjected to greater physical and emotional harm than in the child custody andvisitation context. Battered women are often forced to participate in custody arrangements that requiremediation, unsupervised custody and visitation, and
other types of exchanges that leave them and their children vulnerable to continued abuse and control at
the hands of their batterers. Women who try to protect themselves and their children by seeking sole custody or modifications in custody arrangements such as cessation of visitation, supervised visits, or who flee with their children are penalized by having custody taken away and given to their batterers. Despite the perception that mothers always win custody, when fathers contest custody, they win sole or joint custody in 40% to 70% of the cases. Indeed, even in cases where abuse is reported, a batterer is twice as likely to win custody over a non-abusive parent than in cases where no abuse is reported.
other types of exchanges that leave them and their children vulnerable to continued abuse and control at
the hands of their batterers. Women who try to protect themselves and their children by seeking sole custody or modifications in custody arrangements such as cessation of visitation, supervised visits, or who flee with their children are penalized by having custody taken away and given to their batterers. Despite the perception that mothers always win custody, when fathers contest custody, they win sole or joint custody in 40% to 70% of the cases. Indeed, even in cases where abuse is reported, a batterer is twice as likely to win custody over a non-abusive parent than in cases where no abuse is reported.
Labels:
Domestic violence,
Fathers custody,
mothers rights,
visitation
More Ignorance On The Part Of Father's Rights
Now if this isn't blatently based on Mr. Gardner's PAS, I dont know what is. If you would like to comment or read the truth of what this group truly maintains, check out this link below
http://www.parentalalienationischildabuse.com/
http://www.parentalalienationischildabuse.com/
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