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Family Law

Child custody

2010

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Failure To Protect From Domestic Violence In Private Custody Contests, Leslie J. Harris Jan 2010

Failure To Protect From Domestic Violence In Private Custody Contests, Leslie J. Harris

Leslie J. Harris

All 50 states and the District of Columbia require courts to consider domestic violence committed by one parent against the other in resolving a custody or visitation dispute between the parents. A significant number of states also have statutes or case law that requires courts to consider the occurrence of violence in a child’s household or proposed household in resolving such disputes, regardless of who commits the violence or at whom it is directed. This kind of law may be used against a parent, often a victim, who fails to protect a child from being exposed to the violence. This …