Child Custody Litigations: Case Study

Domestic Violence and Child Custody Litigations The historical treatment of domestic violence has essentially undermined its importance in child custody decisions. Historically, the courts viewed domestic violence as a family matter, an issue for the parties involved to work out things on their own. The courts also upheld a husband's right to administer any type of punishment to his family, short of death or permanent injury. In a way, women were viewed as the property and responsibility of the husband
(Gosselin, 2015, p. 38). Not until the 1970’s, was the domestic violence viewed as a social problem that finally brought awareness to the nation. However, states where skeptical as to how to enact laws regarding domestic violence because

Gosselin (2015) stated that all states consider domestic violence when determining child custody and that the court always makes its decision based on the safety and well-being of the child (p. 103), However, one should ask oneself one critical question, for whose best interest? Each state and court deals with child custody and supervision in a different way. The only thing that we know for sure is that people who experience domestic violence are often forced to participate in custody arrangements that require mediation, unsupervised custody, and visitation, and other types of exchanges that leave victims and their children vulnerable to continued abuse and control at the hands of their perpetrators/abusers. Women who try to protect themselves and their children by seeking sole custody or modifications in their custody arrangements such as ending visitation rights and supervised visits, or who flee with their children are punished by taking their custody rights away and assigning them to their abusers. Despite our societies’ perceptions that mothers always win custody battles, fathers who contest child custody, by accusing the actual victim of misconduct such as child neglect and failing to provide the needs of the child, often than not, win joint or sole custody. Thus, these false accusations, custody battles, and courts appearances further damage the reputation and morale of victims of domestic