CHILD CUSTODY AND ABUSE:
THE MYTHS AND THE FACTS
Custody transfers to aabusive parents are far from rare. |
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Myth 1. Allegations of sexual abuse are common during custody disputes and the vast majority of allegations are false, unfounded or unsubstantiated.
Fact: Research has consistently shown that sexual abuse allegations are not common during custody litigation.
-The overall rate of false allegations during divorce has been found to be about 9%, similar to the rate of false allegations at any other time.
- Contrary to the popular myth that sexual allegations in custody cases are relatively common, only 6% of custody cases involved allegations of sexual abuse.
Myth 2. A history of battering has nothing to do with child abuse.
Fact: There is a significant overlap between child abuse and spouse abuse.
-Marital violence has been found to be a statistically significant predictor of physical child abuse. Studies have shown that witnessing violence also adversely impacts children.
Myth 3: Custody transfers to abusive parents are rare.
Fact: Custody transfers to abusive parents are far from rare.
-Men who ask for custody of their children often get it, whether or not they have a history of violence. An abusive man is more likely than a nonviolent father to seek sole physical custody of his children and may be just as likely (or even more likely) to be awarded custody as the mother (APA, 1994). As a result of reporting child abuse, only 27% of mothers were left with custody after court proceedings. 97% of the mothers reported that court personnel ignored or minimized reports of abuse and that they were punished for trying to protect their children. In this same study, 45% of the mothers say they were labeled as having Parental Alienation Syndrome (PAS).
Myth 4: Parental alienation syndrome is a common, well-documented phenomenon.
Fact: Parental alienation syndrome is not recognized as a valid "syndrome" or "disorder" by any valid psychological or psychiatric association. It was developed as a litigation strategy to defend against abuse allegations. It is virtually never discussed, much less used, in situations except for contested child custody cases that take place in family/divorce court.
Myth 5: Children are more likely to be abused in the care of women than men.
Fact: When you take into consideration the far greater number of hours women, as opposed to men, spend taking care of children; the rate of children being abuses by men is higher.
(Information provided by the The Leadership Council on Child Abuse and Interpersonal Violence. For more information:www.batteredmotherscustodyconference.org)
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