A Judge’s Guide

RECURRING ISSUES
72
See, e.g., ALA. CODE § 30-3-169.4 (unless objecting party is found to have
committed domestic violence or child abuse, rebuttable presumption that
change of residence is not in best interest of child; party seeking change has
initial burden to rebut, if burden met, it shifts to opposing party); LA. REV.
STAT. ANN. § 9:355.13 (“relocating parent has the burden of proof that the
proposed relocation is made in good faith and is in the best interest of the
child”).
73
See, e.g., CAL. FAM. CODE § 7501 (custodial parent has “right to change the
residence of the child, subject to the power of the court to restrain a removal
that would prejudice the rights or welfare of the child”); WASH. REV. CODE
ANN. § 26.09.520 (“There is a rebuttable presumption that the intended
relocation of the child will be permitted.”)
74
See, e.g., COLO. REV. STAT. § 14.10.129(2)(c)(court must consider whether
modification is in the “best interests” of child, including list of factors to be
considered); FLA.STAT.ANN. § 61.13.
75
144 N.J.Super. 200, 365 A.2d 27 (1979).
76 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996).
77 Sharmilla Lawrence, National Center for Children in Poverty, DOMESTIC
VIOLENCE AND WELFARE POLICY: RESEARCH FINDINGS THAT CAN INFORM
POLICIES ON MARRIAGE AND CHILD WELL-BEING 5 (2002); see also Betsy
McAlister Groves, Barry Zuckerman, Steven Marans & Donald J. Cohen, Silent
Victims: Children Who Witness Violence, 269 (3) JAMA 262 (1993).
78 See Symposium Issue, Domestic Violence and Children, 9 FUTURE OF CHILDREN
(Winter 1999) for extensive information on this topic. In a recent study of
Michigan low-income preschool children, nearly half had been exposed to at
least one incident of family violence. These children experienced posttraumatic
stress disorder symptoms, including bed-wetting and nightmares.
The study also indicated they were at greater risk of having allergies, asthma,
stomach problems, headaches, and influenza. Sandra Graham-Bermann &
Julie Seng, Violence Exposure and Traumatic Stress Symptoms as Additional Predictors
of Health Problems in High-Risk Children, 146 J. OF PEDIATRICS 309 (2005).
79
LOU BROWN, FRANCOIS DUBAU, & MERRITT MCKEON, STOP DOMESTIC
VIOLENCE: ANACTION PLAN FOR SAVING LIVES 109 (St. Martin’s Griffin
1997).
80
Joan Zorza, Recognizing and Protecting the Privacy and Confidentiality Needs of Battered
Women, 29 FAM. L. Q. 273, 279 (1995).
81 Martha Matthews, Addressing the Effects of Domestic Violence on Children, YOUTH
LAW NEWS, July-August 1998, at 1.
82 Joan Zorza, Protecting the Children in Custody Disputes When One Parent Abuses the
Other, CLEARINGHOUSE REVIEW, April 1996, at 1115.
141 141