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Current Issues in Family Law
Domestic Violence and High Conflict Cases pose additional challenges for Courts when making a determination regarding custody and visitation.
The Courts do not favor one parent over another and Domestic Violence between parents does not necessarily foreclose a parent from obtaining custody or shared parenting. The Courts will be focused on the Best Interest of the Children, based on R.C. 3109.04, which will include addressing safety issues. The Ohio Supreme Court addressed these issues in Domestic Violence & Allocation of Parental Rights and Responsibilities.
Even if the domestic violence only occurs between parents, children are negatively impacted. Witnessing domestic violence can lead children to develop an array of age-dependent negative effects. Research in this area has focused on the cognitive, behavioral, and emotional effects of domestic violence. Children who witness violence in the home and children who are abused may display many similar psychologic effects. These children are at greater risk for internalized behaviors such as anxiety and depression, and for externalized behaviors such as fighting, bullying, lying, or cheating. They also are more disobedient at home and at school, and are more likely to have social competence problems, such as poor school performance and difficulty in relationships with others. Child witnesses display inappropriate attitudes about violence as a means of resolving conflict and indicate a greater willingness to use violence themselves.
The Courts recognize the importance of having both parents involved in their children’s upbringing, but it still must be found to be in the Children’s Best Interest. Traditionally, the Court would not grant Shared Parenting in High Conflict cases, but the trend has been to try and reduce the conflict between parents and not reduce parent involvement.
In some cases, when parents seem unable or unwilling to co-parent, the Court will attempt to limit the parents contact to reduce conflict between the parents. In an effort to do that, one option has been to utilize parallel parenting. Parallel parenting is a technique in which divorced parents who wish to avoid contact do so by limiting their interactions. This solution works for high-conflict divorces, where parents may need some time to cool down before making amends or seeing and speaking to each other on a regular basis.
This parenting style allows both parents to be involved in their child’s life without having to be involved in their ex-spouse’s life. Parallel parenting can be a way to let the dust settle before transitioning to a more interactive parenting style that allows for cooperation and communication. However, for some couples co-parenting isn’t and won’t ever be an option.
Parallel Parenting can be effective utilizations supports such as:
Kimberly Thomas, Family Law Attorney.