Fighting for Child Custody When Domestic Violence Is at Issue: Survey of State Laws

Amy Levin, Linda Mills

Research output: Contribution to journalArticle

Abstract

This study presents national data on each state's legislative approach to custody cases involving allegations of domestic violence. Battered women's advocates have successfully lobbied in some states for rebuttable presumption statutes that direct judges to deny sole or joint custody to abusive parents unless they present persuasive evidence establishing their suitability to obtain custody. Other states-at the behest of fathers' rights advocates-have adopted factor tests in which judges consider domestic violence as "one factor" in determining custody. Our findings suggest that each regulatory schema has strengths and weaknesses, but that these approaches have been developed without the benefit of intensive study.

Original languageEnglish (US)
Pages (from-to)463-470
Number of pages8
JournalSocial Work
Volume48
Issue number4
DOIs
StatePublished - Jan 1 2003

Fingerprint

state law
child custody
domestic violence
statute
father
parents
evidence

Keywords

  • Battered women
  • Best interests of the child
  • Child custody
  • Domestic violence
  • Father's rights
  • Social work practice

ASJC Scopus subject areas

  • Sociology and Political Science

Cite this

Fighting for Child Custody When Domestic Violence Is at Issue : Survey of State Laws. / Levin, Amy; Mills, Linda.

In: Social Work, Vol. 48, No. 4, 01.01.2003, p. 463-470.

Research output: Contribution to journalArticle

Levin, Amy ; Mills, Linda. / Fighting for Child Custody When Domestic Violence Is at Issue : Survey of State Laws. In: Social Work. 2003 ; Vol. 48, No. 4. pp. 463-470.
@article{636b9c03503841e38c1516a3f165bb47,
title = "Fighting for Child Custody When Domestic Violence Is at Issue: Survey of State Laws",
abstract = "This study presents national data on each state's legislative approach to custody cases involving allegations of domestic violence. Battered women's advocates have successfully lobbied in some states for rebuttable presumption statutes that direct judges to deny sole or joint custody to abusive parents unless they present persuasive evidence establishing their suitability to obtain custody. Other states-at the behest of fathers' rights advocates-have adopted factor tests in which judges consider domestic violence as {"}one factor{"} in determining custody. Our findings suggest that each regulatory schema has strengths and weaknesses, but that these approaches have been developed without the benefit of intensive study.",
keywords = "Battered women, Best interests of the child, Child custody, Domestic violence, Father's rights, Social work practice",
author = "Amy Levin and Linda Mills",
year = "2003",
month = "1",
day = "1",
doi = "10.1093/sw/48.4.463",
language = "English (US)",
volume = "48",
pages = "463--470",
journal = "Social Work",
issn = "0037-8046",
publisher = "National Association of Social Workers",
number = "4",

}

TY - JOUR

T1 - Fighting for Child Custody When Domestic Violence Is at Issue

T2 - Survey of State Laws

AU - Levin, Amy

AU - Mills, Linda

PY - 2003/1/1

Y1 - 2003/1/1

N2 - This study presents national data on each state's legislative approach to custody cases involving allegations of domestic violence. Battered women's advocates have successfully lobbied in some states for rebuttable presumption statutes that direct judges to deny sole or joint custody to abusive parents unless they present persuasive evidence establishing their suitability to obtain custody. Other states-at the behest of fathers' rights advocates-have adopted factor tests in which judges consider domestic violence as "one factor" in determining custody. Our findings suggest that each regulatory schema has strengths and weaknesses, but that these approaches have been developed without the benefit of intensive study.

AB - This study presents national data on each state's legislative approach to custody cases involving allegations of domestic violence. Battered women's advocates have successfully lobbied in some states for rebuttable presumption statutes that direct judges to deny sole or joint custody to abusive parents unless they present persuasive evidence establishing their suitability to obtain custody. Other states-at the behest of fathers' rights advocates-have adopted factor tests in which judges consider domestic violence as "one factor" in determining custody. Our findings suggest that each regulatory schema has strengths and weaknesses, but that these approaches have been developed without the benefit of intensive study.

KW - Battered women

KW - Best interests of the child

KW - Child custody

KW - Domestic violence

KW - Father's rights

KW - Social work practice

UR - http://www.scopus.com/inward/record.url?scp=0642279559&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=0642279559&partnerID=8YFLogxK

U2 - 10.1093/sw/48.4.463

DO - 10.1093/sw/48.4.463

M3 - Article

C2 - 14620103

AN - SCOPUS:0642279559

VL - 48

SP - 463

EP - 470

JO - Social Work

JF - Social Work

SN - 0037-8046

IS - 4

ER -