Abuse Affects Child Custody Cases

Domestic violence charges, regardless if it is an allegation, arrest or conviction, have a major impact in divorce proceedings -- particularly when it comes child custody. That's because whether they're the victim or a witness, abuse has long-term effects on a child from physical illnesses to behavioral problems, according to The Center Against Domestic Violence.

Many states have enacted laws governing child custody in divorces with charges of abuse. These laws make it nearly impossible for the accused to gain custody of their children, explained Patricia Crawford, a retired family law attorney in Indiana. Crawford said judges look at factors like "best situation for the child" and the number of instances of abuse before making child custody decisions.

But each case is different, says Hillary, a Vermont mother and abuse victim. “The judge in my case ruled that there had been no pattern of ongoing abuse, only one instance of 'bad judgment under the influence of alcohol' and that as long as my ex was complying with terms of probation including no alcohol use he did not feel that there was a current threat of physical harm to me.”  

After an allegation of abuse, a parenting class, batterer's treatment program or some type of substance abuse counseling program is usually required by the court. But that doesn't always stop the cycle.

Michelle Byrom sits on Mississippi’s death row for the murder of her husband, whom she says was abusive. ”I would eat poison just to spend days in the hospital away from the abuse. Don’t fool yourself thinking it can be a one time thing. It just doesn’t happen that way," she said. "If you’re being abused get away now,” she warned.


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Kelly Sons is an experienced freelance writer and researcher. Her work frequently appears in newspapers across the country.