Domestic Violence as a Factor in Child Custody Determinations: Considering Coercive Control
Tucker, Lisa A.
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- 2026Matter of H.S. v. P.S. N.Y. Fam. Ct., Kings Cty.
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Abstract
Many states1 have begun formally to recognize coercive control2 as a form of domestic violence in several contexts: criminal domestic violence cases,3 civil motions for protection from abuse,4 and child removal proceedings.5 This Essay argues, however, that while new laws recognizing coercive control may be noble and well-meaning, they are unlikely to increase support for mothers who have been victims of coercive control abuse and now seek custody of their children. In fact, this Essay argues, the codification of these laws may do more harm than good; by taking power away from men—and coercive control is practiced almost exclusively by men6—and giving it to women in the form of an additional tool in the fight-for-custody toolbox, men may retaliate against victims in even more threatening ways.