Domestic Violence and the Danger of Joint Custody Presumptions

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.