Domestic Violence in Relation to Custody Decisions.
Domestic violence, which is defined as "a person in an intimate relationship using a pattern of coercion and control, including physical, sexual, emotional or economic control, against the other person during the relationship and/or after the relationship has terminated ," is an enormous problem in today's society. In fact, in North Carolina it is the "number one public health issue facing women and children. " While laws have been put into effect that provide for the safety and welfare of the abused parent, little consideration has been afforded to the children in these situations. Currently, amendments have been proposed to domestic violence laws which relegate custody to the "nonoffending primary caregiver. " This takes into account the best interests of the children as well as the objective of the abused parent in leaving the relationship.
Courts should not ever give consideration to the idea of placing a child in the care and custody of an abuser. Studies have shown that "the best interest of the child is rarely, if ever, served by placing a child with a parent who is physically abusive to either a child or a child's parent. " The very idea of placing a child back with the abuser is preposterous. The constitutional right which protects all parents" rights to the care and custody of their child should not be used to protect the rights of the abuser while disregarding the right to safety of the child. In the past, the abuser's biological ties to the child have, in essence, excused the risk of danger that the child may encounter in the care of that parent. Victims of abuse are afraid to leave the abuser because there is no provision to assure them their child will not be returned to the care of the abusive party. Joint custody is often the proposed solution in domestic violence cases. However, according to the women's advocacy movement, "joint custody is always an inappropriate,.
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