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Document Type

Article

Media Type

Text

Abstract

This article points out that the current trend towards joint custody as the preference or presumption in divorces can create some unwanted side-effects. Specifically, joint custody is dangerous for victims of spousal abuse because it allows, and sometimes even facilitates, the continuation of patterns of abuse. Although many jurisdictions that apply a joint custody presumption attempt to protect victims of domestic violence, neither of the two usual approaches is successful in protecting the victims and their children. As a result, the author makes two recommendations. First, statutes should never create a presumption in favor of joint custody. Second, courts should not accept agreements to joint custody on the eve of litigation.

First Page

403

Last Page

431

Publication Date

7-1-2005

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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