b'Trouble at HomeThe Enduring Impact on ChildrenVerbal and emotional abuse: Name-calling, belittling,Minnesota, have enacted a rebuttable presumption that a shared Numerous studies have found that domestic abuse can havedegrading, or undermining the victims self-worth.custody arrangement is not in a childs best interest if domestic Brittney M. Miller far-reaching physical and psychological consequences for children.Financial or economic abuse: Restricting the victims access toabuse has occurred. The court must then determine if sole custody 612-877-5299|Brittney.Miller@lawmoss.com The CDC recognizes that experiencing abuse and witnessingfinancial resources, rendering the victim financially dependentis appropriate and to which parent it should be awarded. One LawMoss.com/people-brittney-m-miller family violence are adverse childhood experiences, or ACEs.might reasonably assume the rebuttable presumption against joint on the perpetrator. custody in cases involving domestic abuse always results in the Brittney M. Miller is a member in our Family Law group. SheTraumatic events that occur during adolescence, ACEs arevictim being awarded sole custody, but that is not always so.assists clients in all family-related matters, including parenting,associated with chronic health problems in adulthood, includingCoercive control: Engaging in a pattern of oppressive behavior support, division of assets, stepparent and same-sex adoptions,mental-health troubles and chemical dependency. ACEs can alsoto control the victim, including stalking, monitoring, orIn Thornton v. Bosquez (2019), the Minnesota Supreme Court antenuptial agreements, and many other issues confrontinghinder children from reaching their full adult potential by limitingisolating him or her.held that the rebuttable presumption against joint custody in modern families.academic and employment opportunities. Most states limit the legal definition of domestic abuse to actsdomestic violence cases does not apply against a particular party, Family courts are uniquely situated to screen cases for domesticthat cause physical injury or imminent fear of physical harm. Moreonly against a shared custody arrangement. The trial court had abuse and, when necessary, impose safeguards to protectsubtle forms of domestic abuse are often omitted from thesefound that the mother committed acts of physical abuse against James J. Vedder children, including restricting a perpetrators parenting timestatutory definitions. the father, which met the statutory definition of domestic abuse. 612-877-5294|Jim.Vedder@lawmoss.com or requiring that it occur in a supervised setting. But whenHowever, it also found that the father had substantial power over LawMoss.com/Jim.Vedder@lawmoss.com One exception is Colorado, which has broadened its definitionthe mother and engaged in insidious forms of coercive control, courts fall short and fail to intervene or adequately respondof domestic abuse to include forms of coercive control as part ofbut his actions did not meet the statutory definition of domestic Jim Vedder is a member of our Family Law group. He has significantto domestic-abuse concerns, the consequences for childrenits civil protection order statute. Expanding the terms definitionabuse. The trial court applied the rebuttable presumption against trial and settlement experience in complex marital dissolutioncan be dire. to include less overt forms of abuse presents opportunities forjoint custody and awarded the mother sole custody of the matters, including the division of marital and nonmarital assets, the division of closely held businesses, spousal maintenance, childThe Center for Judicial Excellence tracks family-law matters thatlegal protections to reach a greater number of families in need ofminor child after evaluating all best interest factors. It reached support, and custody issues. end in the homicide of a child. From 2008 to 2021, the groupintervention and protection. this conclusion even though the mother was, technically, the reports, 819 children in the United States were murdered by aperpetrator of the abuse. The Minnesota Supreme Court affirmed Decisions about custody and parenting timeparent, stepparent, or other caregiver. Of these tracked cases,Domestic Abuse and Custodythe decision. This case illustrates the importance of family courts after a separation or divorce are never simple.72% involved a father and child; 16% involved a motherDeterminations having a nuanced view of domestic abuse and considering Family violence of any kind makes the processand child. When custody and parenting time are in dispute, family courts arethe circumstances unique to each familys situation when generally required to make decisions consistent with the childsawarding custody.all the more complexand the victim is notDefining Domestic Abuse best interests. As part of its analysis, the court must address a always protected. Also referred to as intimate partner violence or domesticvariety of best interest factors and determine what custodialThe Co-Parenting Trapviolence, domestic abuse is violence that occurs betweenand parental-access arrangement is optimal. Judicial officers and other professionals working in the family court partners or household members. It can take many forms, and itssystem have expectations about how divorcing or separating Nearly 30 million children in the United States will be exposed tooften nuanced. Some examples: Many states, including Michigan and New Mexico, includeparents should act. They are expected to communicate and work family violence by the time they turn 17. Exposure includes a childdomestic abuse as one of many best interest factors that musttogether after their separation, and to support and encourage the witnessing a parent physically harm the other parent, observing aSexual abuse and coercion: Physically forcing, threatening, orbe considered when awarding custody and parenting time, butothers relationship and parenting time with the child. parents injuries after the fact or overhearing verbal abuse directedmanipulating the victim to engage in sexual contact or activityit is not the deciding factorand in Montana, domestic abuse at a parent. without his or her consent.is a discretionary factor. Other states, such as California and"Trouble at Home" Continued on Page 92 3'