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Full-Text Articles in Family Law
The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson
The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson
Fordham Urban Law Journal
A law guardian for a child has an extremely difficult job, one that arguably requires a higher degree of diligence than that of an attorney representing a competent adult. Yet, under New York law, the role of the law guardian for a child involved in a custody is not clearly defined. When domestic violence is involved, the law guardian's role becomes crucial. The role of the law guardian for a child in a custody case involving domestic violence has been expanded as a result of the enactment of chapter 85 of the 1996 Laws of New York. This article outlines …
Weighing The Domestic Violence Factor In Custody Cases: Tipping The Scales In Favor Of Protecting Victims And Their Children, Kim Susser
Fordham Urban Law Journal
Many new laws and policies are emerging in the area of domestic violence. In 1994, the Legislature passed the Family Protection and Domestic Violence Intervention Act- a complete overhaul of laws dealing with domestic violence in both the civil and criminal arean. The Legislature declared that domestic violence is now a crime. It is unfortunate that batterers are not always consider criminals when they seek custody of their children. If convicted of a stranger crime, courts are known to accord weight to the batterer's criminal history. When the victim is the child's mother, it seems to be another story. All …