Battered Mothers and Child Custody

Abusing women is becoming an epidemic in theAccording to the findings of BMTP, courts have
current world. Witnessing a physical assault on theirviolated human rights. They have allowed the
mother and growing in such an environment can havebatterers to continue with their abuse through court
a devastating impact on the growing minds ofsystem. During the court proceedings, mothers are
children. According to a research conducted bytreated with disrespect by the investigators. They
American Judges Association, 75 percent of childare harassed emotionally and financially.
custody cases that go through intense battleAccording to a gender based study conducted by
between the parents involve history of domesticMassachusetts Supreme Judicial Court Gender Bias
abuse. And interestingly, the men who perpetrateTask Force, many judges, investigators and family
domestic violence on the mothers often contest forservice officers usually ignore physical abuse of
the custody of the child. But, there is a sharpwomen while determining this and visitation. Even if
contrast in the decisions taken by different courtsany woman accuses her husband of physical abuse, it
with respect to battered mothers and child custody.is considered as an act of revenge. Surprisingly, during
According to a research report published by Batteredmany of these trials, the batterers have been
Mothers Testimony Project (BMTP) in 2002, courtsawarded with either joint custody or sole custody of
are biased towards battered mothers. Courts havethe child. According to this report, in almost 94
been inefficient in protecting battered mothers andpercent of the cases involving battered mothers and
children from physical abuse. Often, fathers orchild custody, the fathers have received sole or joint
batterers are preferred more than the batteredchild custody.
mothers in awarding the custody of the child.