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Child Custody and Visitation Decisions When the Father Has Perpetrated Violence Against the Mother

Morrill, Allison C ; Dai, Jianyu ; Dunn, Samantha ; Sung, Iyue ; Smith, Kevin

Violence against women, 2005-08, Vol.11 (8), p.1076-1107 [Peer Reviewed Journal]

Thousand Oaks, CA: Sage Publications

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Title:
Child Custody and Visitation Decisions When the Father Has Perpetrated Violence Against the Mother
Author/Creator: Morrill, Allison C ; Dai, Jianyu ; Dunn, Samantha ; Sung, Iyue ; Smith, Kevin
Publisher: Thousand Oaks, CA: Sage Publications
Language: English
Subjects: Spouses - statistics & numerical data ; Humans ; Battered Women - legislation & jurisprudence ; Male ; Rhode Island - epidemiology ; Child Behavior - psychology ; Fathers - legislation & jurisprudence ; Minnesota - epidemiology ; Psychology, Child ; Delaware - epidemiology ; Spouse Abuse - legislation & jurisprudence ; Child Custody - utilization ; Child Welfare - statistics & numerical data ; Adult ; Female ; Child Custody - legislation & jurisprudence ; Retrospective Studies ; Child ; Child Abuse - statistics & numerical data ; Florida - epidemiology ; Divorce - legislation & jurisprudence ; Spouse Abuse - statistics & numerical data ; Child Abuse - legislation & jurisprudence ; Massachusetts - epidemiology ; Dissent and Disputes - legislation & jurisprudence ; Child Welfare - legislation & jurisprudence ; Kentucky - epidemiology ; Spouses - legislation & jurisprudence ; Custody of children ; Family violence ; Visitation rights (Domestic relations) ; Laws, regulations and rules ; Parent and child (Law) ; Analysis ; Index Medicus
Is Part Of: Violence against women, 2005-08, Vol.11 (8), p.1076-1107
Description: This research evaluated the effectiveness of statutes mandating a presumption against custody to a perpetrator of domestic violence (DV) and judicial education about DV. Across six states, the authors examined 393 custody and/or visitation orders where the father perpetrated DV against the mother and surveyed 60 judges who entered those orders. With the presumption, more orders gave legal and physical custody to the mother and imposed a structured schedule and restrictive conditions on fathers’ visits, except where there was also a “friendly parent” provision and a presumption for joint custody. The presumption is effective only as part of a consistent statutory scheme. Although 86% of judges had received DV education, they scored no better in knowledge or attitudes. More of their orders gave mothers sole physical custody, and knowledge was associated with maternal custody, yet fewer structured or restricted fathers’ visitation. Quality of DV education is more important than statutory mandate.
Identifier: ISSN: 1077-8012
EISSN: 1552-8448
DOI: 10.1177/1077801205278046
PMID: 16043586

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