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Domestic Violence and Determination of Visitation and Custody in Divorce (From Domestic Violence on Trial, P 127-152, 1987, Daniel Jay Sonkin, ed. - See NCJ-104721)

NCJ Number
104729
Author(s)
L E A Walker; G E Edwall
Date Published
1987
Length
26 pages
Annotation
In their custody and visitation determinations, divorce courts have often failed to recognize the risk of further abuse to the battered woman and her children.
Abstract
It is not unusual for the battered woman to lose custody of her children, be forced into coparenting, or suffer continued harassment or abuse during visits. Because of the dynamics of the battering relationship, and the likelihood of further abuse, it is essential that custody evaluations be performed by skilled specialists with a knowledge of domestic violence. In the evaluation, interviews should be conducted, separately and jointly, with as many family members as possible. Additional information can be obtained from significant others (clergy, relatives, friends). Interviews should focus on ascertaining the potential for further abuse, the mental health of each parent and child, the respective parenting skills of both parents, the children's developmental functioning, the parents' family history, and the effects of custody and visitation on growth patterns. Greater sensitivity to the issue of family violence in custody and visitation decisions is needed if the intergenerational transmission of violence is to be ended. 20 references.