COMMUNITIES/SOCIAL WORKERS: Custody and Visitation

Social Workers are often involved in assisting he courts in determining custody and visitation arrangements, and domestic violence makes that difficult job even more problematic. Social workers should note that the effects of domestic violence on children do not necessarily disappear when the victim separates from the abuser. Many times the abuser continues the abuse by manipulating and using the children. Visitation becomes the only access to the victim, and this tactic is used commonly. Often, abusers will attempt to obtain legal custody.

In rural areas, access to mental health professionals with an expertise in domestic violence is limited. Therefore, social workers need to be aware of the local resources. Psychological evaluations are frequently ordered in custody cases, and when domestic violence is present, professional who are involved need to be aware of the following:

The Abusive Person:

  1. Usually has a calm outward appearance, and may act indignant when confronted with past actions of domestic violence.

  2. Can appear pleasant and may even appear vulnerable or passive.

  3. Usually will minimize or deny the abuse, and paint a picture of the victim as hysterical or out of control.

  4. Despite positive outward image, may have long-term problems such as alcohol or drug abuse.

  5. May perform adequately on psychological tests that are administered by mental health professionals.
Past acts of abuse are the most effective indicator of future behavior, unless long-term batterers' treatment has occurred. Evaluators should ask the following questions when determining if an abusive person has really changed:
  1. Does the person accept full responsibility for the abuse that occurred?

  2. Is there an understanding that violence was used to control the partner, as well as other tactics (emotional abuse, intimidation, etc.) that may have been used.?

  3. How emotionally dependent is the abuser on the victim?

  4. Does the abusive person have empathy for the victim and the children?

In assessing the abusive person's suitability for custody, the following questions should be considered:

  1. Will the abusiveness be repeated in future relationships? (A high percentage of abusers repeat a pattern of abuse with new partners according to Pagelow, 1980 and Ganley & Harris, 1978.)

  2. Can the abuser stop the violence, and if so, what is the treatment history or treatment plan? Treatment is not a guarantee that abuse will stop. In approximately 35% of cases, abusers repeat their violence after treatment (Saunders & Azar, 1989).

  3. What is the quality of the past relationship with the children, and what is the motivation for seeking custody.

The Victim of Domestic Violence:
  1. Will often appear unstable, anxious and angry. Anger in victims of domestic violence should be viewed as a positive sign of healing. Victims have a right to be angry about the abuse they have suffered and about the abuser's attempt to take the children away.

  2. May not show any emotion when speaking to professionals - some people view a lack of emotional as indifference, but the victim may be trying to hold back painful memories.

  3. May have a problem with drug or alcohol abuse. Some abuse victims turn to the use of chemicals to cope with the abuse they receive, but a victim's likelihood of recovery increases dramatically when the abusive relationship ends. If chemical dependency is an issue, the victim should not be viewed as 'unworthy' or 'bad', but should be encouraged to seek treatment.

In assessing the victim's suitability for custody, consider the following questions:
  1. Who are the positive people in the victim's life who are available to support her and the children emotionally once she has left? Note: Most victims do not repeat the pattern of abuse with a new partner. Statistics are 10& according to Walker.

  2. What is the quality of the past relationship with the children, and what is the motivation for seeking custody?

Some of the above assessment guidelines are adapted from 'Child Custody Decisions in Families Experiencing Woman Abuse,' by Daniel Saunders and 'What Therapists See that Judges May Miss,' by Crites and Coker.












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