| Everyone knows about the devastating emotional | | | | physically injured that he or she is incapable of taking |
| effects domestic violence has upon children. Violence | | | | care of the children, either temporarily or |
| at home also presents an issue regarding the custody | | | | permanently. The abusive parent will most likely end |
| and care of the children of these couples. | | | | up in jail. Who is going to have custody and control |
| Approximately 1.3 million women are physically | | | | of the children in such cases? In absence of a |
| assaulted by a domestic partner annually in the United | | | | feasible option among relatives, the government will |
| States. In 2000, 1,247 women were killed by a | | | | assume what is known as "state custody". |
| partner. In recent years, a partner killed | | | | State custody is the authority recognized to the |
| approximately 33% of female murder victims. These | | | | states' government as power to protect children, to |
| statistics are quoted from the study reports of two | | | | take physical control of a child when no one in that |
| surveys conducted by the National Institute of | | | | child's close or extended family is available to do so. |
| Justice, of the US Department of Justice. Where do | | | | The state will provide shelter, food and care while in |
| the kids of these families go after their parents have | | | | the child is in its custody. |
| been victimized or put in jail? | | | | The general rule in many states is that the abusive |
| Child custody and visitation disputes arise in many | | | | parent will not automatically lose his or her parental |
| cases as a result of protection from domestic | | | | rights, but if he or she will be incarcerated for more |
| violence proceedings. When an abused spouse seeks | | | | than 3 years, the other parent can request the |
| help because of an abusive situation at home, the | | | | termination of that parent's custody and visitation |
| primary concern is to provide a safe haven for that | | | | rights. This is mostly the case in which the victim has |
| person and the children in that household, if any. | | | | suffered from severe bodily injuries as a result of the |
| Once their safety has been secured, the next step | | | | abuse. Before that, the spouse petitioning the other |
| will be to address some legal issues. One of these is | | | | spouse's termination of his or her parental rights will |
| the children's custody and care. | | | | have to establish in court that the abusive parent is |
| Domestic violence can result in a parent being so | | | | not fit to provide for the children's' best interests. |