Dr. Walker explained that women continued to remain in an abusive relationship for several reasons that included economic dependence, a feeling of insecurity without the abuser, potential danger to children, loss of self esteem, etc. Women believe that the abuse is a direct/indirect result of their fault and often think that their tormentor is omnipotent.
Can an Abused Spouse Automatically Assume Child Custody?
In the instance of domestic violence, the court begins by presuming custody against the person accused of committing domestic violence. But the court’s prime concern is the welfare and safety of the child/children involved in the divorce. Thus, an abused victim cannot automatically assume that he/she is entitled to Santa Clara child support. Many states including California direct the judge to consider the best interest of the child but with the preference for joint custody [Section 3011 of the California Family Code]. Thus, the court can grant custody to the spouse accused of domestic violence, but it may have to clearly specify the reasons for the same [as per the California Family Code amendment]. The onus to prove that he/she is a good parent lies on the parent itself. Doing so ensures that the welfare of the child is the prime concern in a case. An example of this is the O. J. Simpson case where the judge granted custody to Simpson although he had a history of domestic violence and was even found guilty of murdering the children’s mother.
However, courts also consider secondary effects of domestic violence on children. In another case, an expert witness testified that children could suffer emotional harm by absorbing the helplessness and dependency experienced by the mother.
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