Child custody and the status quo ante

Abstract

The disruption and trauma to children caught in the throes of a separation that involve domestic violence is truly troubling. It often involves the appointment of evaluators who make recommendations to the court that will help determine issues of custody and visitation. While parents have a constitutionally protected right to parent, they do not have a right to injure their children. The training of the evaluators regarding the impact of domestic violence is crucial to the proper designation of time sharing between parents, but the emphasis should also recognize the children are citizens entitled to rights. Making assumptions that 50/50-time sharing is best for children may seem natural for parents, but it may be extremely disruptive to children. This is true especially where there is a domestic violence or a particularized status quo before separation. The evaluator and the court should look carefully at the potential impact of making changes to the status quo ante. The focus should always be on the children. (from Conclusion)