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NCJ Number: NCJ 195793     Find in a Library
Title: Domestic Violence, Visitation and Custody Decisions in New York Family Courts, Executive Summary
Author(s): Chris O'Sullivan Ph.D.
Corporate Author: Safe Horizon
United States of America
Date Published: 05/2002
Page Count: 16
Sponsoring Agency: National Institute of Justice
US Department of Justice
Office of Justice Programs
United States of America
Grant Number: 98-IJ-CX-0021
Sale Source: Safe Horizon
2 Lafayette Street
New York, NY 10007
United States of America
Document: PDF 
Type: Report (Study/Research)
Language: English
Country: United States of America
Annotation: This study investigated how some courts handled batterers’ petitions for visitation and custody.
Abstract: The study was conducted in New York City and Westchester County. It relied on three sources of information. First, it used a random sample of custody and visitation cases in New York City Family Courts in 1995. Second, a full sample of visitation cases in the White Plains Family Court in suburban Westchester County in 1995 was reviewed. Finally, interviews with attorneys who represented victims of domestic violence in Family Court in New York City and Westchester County were conducted. The findings in New York City indicate that half the visitation petitions and a third of the custody petitions were granted. Fathers were more often the petitioners, but there was no difference between mothers and fathers in rate of success in securing court orders. Fathers who successfully petitioned the court for a protection order against the mother were significantly more likely to be granted custody than fathers that did not. In Westchester County, results showed that visitation was granted in 47 percent of the cases, and there was no difference between the dispositions of mothers’ and fathers’ petitions. Visitation appeared to be granted more often if the mother had a protection order against the father than if no family offense petition had been filed, but this difference was not statistically significant. Lawyers practicing in family court reported a number of problems with the court’s handling of visitation in domestic violence cases. There was considerable violence against their clients in the course of visitation. In these cases, the attorney was unable to secure a suspension of visitation or supervised visitation from the court. Most attorneys reported threats rather than actual violence, or non-cooperation, such as keeping the children longer than specified in the visitation order. Attorneys said they never requested that the court deny visitation to an abuser, for fear of invoking the friendly parent provision, which gives custody to the parent most likely to encourage the other parent’s involvement. Subsequent research should examine violence during visitation and the exposure of children to violence after their parents have separated. 6 tables, 2 references
Main Term(s): Domestic assault ; Judicial attitudes ; Parental visitation rights
Index Term(s): Child abuse ; Home environment ; Family offenses ; Child welfare ; Parental rights ; Child custody
Note: See NCJ-195792 for the Final Report
   
  To cite this abstract, use the following link:
https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=195793

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