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Backlash Against the Abused Victim in Custody Disputes  

Author:  Audrey E.  Stone .; Rebecca J.  Fialk.

Source: Volume 04, Number 02, December/January 1999 , pp.17-19(3)

Domestic Violence Report

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Currently over forty states mandate courts to consider domestic violence in determining custody disputes between parents. Advocates recognize this as a major step forward as courts acknowledge the negative impact of domestic violence on child witnesses’ emotional and psycho-social development. However, all too often such legislative advances are accompanied by a major backlash against the victims of domestic violence. This article discuses those instances, including that of New York State.

Keywords: In Re Lonell J., 673 N.Y.S.2d 116 (N.Y.A.D. 1st Dept. 1998); emotional consequences for children witnessing abuse; Matter of Theresa CC; Matter of Michael M

Affiliations:  1: Pace Battered Women’s Justice Center; 2: Pace Battered Women’s Justice Center.

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