NCJ Number
112311
Journal
Judges' Journal Volume: 27 Issue: 2 Dated: (Spring 1988) Pages: 8-13
Date Published
1988
Length
6 pages
Annotation
In deciding on child custody in divorces where spouse abuse is involved, judges must be aware of the dynamics of spouse abuse, the need for specialized counseling for the abuser, and what factors to use in assessing the likelihood that the children will be exposed to future violence.
Abstract
The judge's understanding of spouse abuse should encompass why men beat their wives and why the wife may continue in the marriage even though she is being abused. The judge should also recognize that the children are adversely affected by exposure to their father's abuse of their mother. Boys and girls will tend to emulate the corresponding role models of their parents. In assessing the abuser's fitness for custody, the judge should consider whether the abuser has received specialized counseling for his violence, the prognosis of his counselor, his historical relationship with the children, and why he is seeking custody of the children. In assessing the victim's fitness for custody, the judge must assess the likelihood of the mother's entering into another abusive relationship and exposing her children to further violence, the extent to which her emotional stability has been compromised by the abuse, her relationship with the children, and her motivation for seeking custody. Psychological evaluations of the abuser and the victim should be conducted by psychotherapists familiar with the dynamics of spouse abuse. Mediation is not likely to be effective in cases involving abuse because of the imbalance of power in the relationship. It may be necessary for the judge to impose certain custody and visitation conditions when a noncustodial violent parent is involved. 26 footnotes.