Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

• NCJ Number: 202426
• Journal: Journal of Family Violence Volume: 18 Issue: 5 Dated: October 2003 Pages: 269-279
• Author(s): T. K. Logan; Robert Walker; Leah S. Horvath; Carl Leukefeld
• Date Published: October 2003
• Length: 11 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

Based on a 20-percent random sample of court records for all divorces settled in one county judicial circuit court during 1998, this study examined characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions.

Abstract

The study focused on the characteristics of the divorcing persons; the most common arrangements for custody, visitation, and child support; the characteristics of divorcing couples that experienced spousal violence compared to couples without spousal violence; and how custody, visitation, and child-support arrangements differed for couples with and without allegations or findings of spousal violence. The standard protocol for analyzing each record consisted of items on case characteristics; background information on the parties; information on the children; and information on spousal violence, mental health status of the parties, substance use, and custody evaluations. The study found that the divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. Approximately 38 percent of the couples had children in common, and between 78 percent and 92 percent of the cases settled the custody arrangement through agreement, which suggests that fathers agreed to the custody arrangement rather than being forced by the court to accept it. Approximately one in five of the cases mentioned spousal violence; and there was no significant difference in settlement methods for couples with or without spousal violence. Cases that involved both children and spousal violence were significantly more likely to have also mentioned substance use and postdecree legal activity. The study findings indicate the need for more attention to divorce cases that involve spousal violence, so as to reduce postdecree court involvement and to enhance the safety of the children and adult victims. Further study is needed to determine what causes noncustodial parents to lose contact with their children. 4 tables and 81 references