Child Custody And Domestic Violence Victims
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Child Custody And Domestic Violence Victims

Child custody can be defined as legal guardianship of a child under the age of 18. The court determines the issue of child custody and its decision rests on the interest of the child and not always on the best arguments of each parent.

Child custody laws are different from state to state as they are created and enforced by each individual state. Petitions for child custody can be entered by those who have acted in the capacity of parent to the child. Generally, the court awards physical custody to the parent who is financially secure, has adequate parenting skills and causes the least upheaval to the child. Physical custody means that one parent is responsible for looking after the welfare of the child and bringing it up. The parent who does not have custody of the child, however, has visiting rights.

The issue of child custody, when the child has been a witness to domestic violence is of prime importance. This is because growing up in such an environment can have disastrous consequences on the psychological development of a child. Domestic violence in this context does not mean that the child has necessarily seen or is witness to domestic violence. It means that the child is simply present in the home during an incident of domestic violence. This is also known as ‘secondary abuse’. There have been instances where the court on finding children victims of secondary abuse, remove them from the home and they are made dependents of the court, and taken into protective custody of Department of Social Services. Thus, parents indulging in domestic violence in their home are exposed to the risk of losing custody of their children.

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Child Custody And Domestic Violence Victims

 

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Cross Examination Questions In Child Custody Trial

Cross-Examination-Questions-In-Child-Custody-Trial      A custody trial follows pretty much a stereotyped procedure in any state of the country. At the commencement of the case, the plaintiff’s and defendant’s attorneys make opening statements briefly outlining the strengths of their cases and how they propose to set about substantiating them. More..

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