A judicial Guide to Child Safety in Custody Cases

Custody and visitation decisions are among the most difficult that judges make. Whether by statute, case law, or custom, all state and tribal courts employ some form of “the best interest of the child” standard in making these decisions. A child’s physical, emotional, and psychological safety are always in his or her best interest. This tool is designed to maximize a child’s safety as you determine issues of custody and visitation and can help you

• Assess whether a child or parent is at risk for physical, emotional, or mental abuse.
• Reviewtheevidencesothatthesafetyofthechildistheprimaryfactorindetermininghis or her best interest.
• Evaluate safety risks at various stages of a case, from initial filing through post-disposition.
• Make findings that explain and prioritize safety concerns.
• Draft custody and visitation orders that maximize family safety.

This tool will also assist you in conducting a thoughtful exploration of the child’s safety risks when abusive behavior has been part of the family fabric. Sometimes, the parties may not articulate clearly either the abuse or the child’s safety risks during litigation. Indicators may be present that require you to explore the possibility that one parent is putting the other parent or the child at risk of abuse. Because the abused parent might not directly raise issues of physical abuse or other forms of control, you will want to be aware of indicators of abusive behaviors that may alter the dynamics of the litigation process. This tool will explore the various behaviors that you might encounter, both from the controlling and abusive parent, and from the controlled and abused parent.

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