Monday, February 26, 2007

Case Law Development: Joint Physical Custody in Domestic Abuse Cases

The Iowa Supreme Court's analyzed the effect of domestic abuse on child custody decision-making, noting that "Because domestic abuse reflects the ability of the parties to listen to one another and respect one another’s opinions and feelings, the existence of domestic abuse is a significant factor in determining whether joint physical care is appropriate."  The court then went on to explain the legal status of the parents when it rejects a joint physical care arrangement:

When joint physical care is not warranted, the court must choose one parent to be the primary caretaker, awarding the other parent visitation rights.... Under this arrangement, the parent with primary physical care has the responsibility to maintain a residence for the child and has the sole right to make decisions concerning the child’s routine care.... The noncaretaker parent is relegated to the role of hosting the child for visits on a schedule determined by the court to be in the best interest of the child. Visitation time varies widely and can even approach an amount almost equal to the time spent with the caretaker parent. .... Thus, the main distinction between joint physical care and primary physical care with liberal visitation rights is the joint decision making on routine matters required when parents share physical care.

The case is interesting for the court's recognition that conduct need not result in broken bones, noting that in this case Father's "personal disagreements with [Mother's] decisions soon led him to behave in a way that not only alienated [her], but ultimately caused her to fear for her safety....  While his desperate efforts to learn why his wife had left him are understandable, we cannot ignore the fact that eventually his actions reflected not the attempts of a husband trying to save his marriage, but the bitterness of a man who had been rejected and who resented his former partner."  Finding this, the court concluded that the trial court had not erred in find that the father would be unable to cooperate in joint physical case.

In re Marriage of Hynick, February 16, 2007
Opinion on the web (last visited February 26, 2007 bgf)

Read the commentary of Iowa Attorney Alexander Rhoads at Iowa Family Law Blog

http://lawprofessors.typepad.com/family_law/2007/02/case_law_develo_6.html

Custody (parenting plans), Domestic Violence | Permalink

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