Some experts are worried that abusive spouses may be using child custody battles to gain more power over their former partners. If this is the case, it could be just another way that individuals affected by domestic violence are being victimized.

According to advocates against domestic violence, many courts examine the situation of child custody with a mindset that says joint custody will be the best decision for the child. This is often not the case, especially when abuse has been reported in the home.

Even with this knowledge, some judges have been convinced by particularly manipulative abusers that their former spouse is unfit both mentally and financially to be the custodial parent. Because of abuse, some victims are afraid to hire legal counsel. Others may be unable to hire an attorney because of a lack of funds, most of which belong to their abuser.

This lack of wealth compounds the emotional issues they may be experiencing as a victim. When a judge sees this, it may sway them to give custody to the abuser, which would likely exacerbate the emotional instability of the victim. In this sort of case, it is often a judge determining custody between two individuals who are less than ideal.

Some states, such as New Jersey, have passed legislation to combat this. Modeled after language created by the National Council of Juvenile and Family Court Judges, state law usually bars parents who have a proven history of abuse from being considered as an option. If someone can prove that the alleged abuser has the best interests for the child at heart, they may be awarded custody.

Source: News-Leader, "Many abusers use custody battles as way to seek control," Sarah Okeson, Jan. 14, 2012