Working Towards the Welfare of Our Children: An Argument for a Rebuttable Presumption Against Awarding Abusers Custody and Other Non-Legislative Proposals

Authors

Sapna Kishnani, Benjamin N. Cardozo School of Law

Abstract

The note examines the intersection of domestic violence and child custody determinations, highlighting the challenges faced by victims and the legal system in balancing the best interests of the child with the risks posed by abusive parents. It critiques the discretionary nature of the "best interests of the child" standard and proposes adopting Delaware’s rebuttable presumption against granting custody to perpetrators of domestic violence, while retaining New York’s preponderance of evidence standard. The analysis emphasizes the need for systematic approaches to child testimony and mediation to protect children’s well-being and ensure just outcomes.

Disciplines

Evidence | Law | Law and Gender | Legislation

Recommended Citation

Sapna Kishnani, Working Towards the Welfare of Our Children: An Argument for a Rebuttable Presumption Against Awarding Abusers Custody and Other Non-Legislative Proposals, 22 Cardozo J. Equal Rts. & Soc. Just. 287 (2016).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol22/iss2/5