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Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.

Print Price: $32.95

Format:
Hardback
208 pp.
147 mm x 208 mm

ISBN-13:
9780190641573

Publication date:
May 2017

Imprint: OUP US


Domestic Abuse, Child Custody, and Visitation

Winning in Family Court

Toby G. Kleinman and Daniel Pollack

When domestic abuse and children are involved, divorce and custody can be the epitome of high-stakes conflict and frustration and all too frequently protective parents lose custody of their child to a named abuser. Domestic Abuse, Child Custody, and Visitation helps mental health professionals, attorneys, and lay readers navigate the judicial process so that decisions are truly made in the best interest of children. The text reveals how all the puzzle pieces of the judicial process fit together - judges, attorneys, mental health experts, children, spouses - and how to overcome many of the obstacles they will confront along the way. This runs the gamut, from the selelection of a lawyer and experts, to setting necessary groundwork for an appeal. Domestic Abuse, Child Custody, and Visitation is an essential read for mental health professionals and lay people involved in divorce and custody, family court judges, family law attorneys, and mental health professionals involved in domestic abuse and custody matters.

Readership : Mental health professionals and lay people involved in divorce and custody, particularly women; family court judges, family law attorneys; mental health professionals involved in domestic abuse and custody matters.

Reviews

  • "In this courageous expose of the family court legal arena, Toby Kleinman and Daniel Pollack combine their decades of study and practice to craft a powerful book, one that
    provides cutting-edge, authoritative guidance to lawyers representing battered women in child custody litigation involving an abusive ex-partner. Equally important as its sage
    legal advice is its profound validation of the harrowing experiences facing battered women
    forced to navigate a hostile legal landscape as they try to protect themselves and their children. The book is a must-read for legal and other professionals involved in these cases, and it ought to be given as a gift to every woman facing child custody litigation."

    --Mo Therese Hannah, PhD, Professor of Psychology, Siena College; Licensed Psychologist

  • "Toby Kleinman and Daniel Pollack have provided THE roadmap in litigating childcustody cases where domestic violence is present! Their book - particularly their explanation of the 'Great Judicial Fallacy' - should be required reading for all who are engaged in the judicial process involving these cases: lawyers, mental-health professionals, custody evaluators, and especially judges. If you are one of those professionals, then do
    yourself - and the children you are charged to help protect - a favor and read this book!"

    --Paul Griffin, JD, Legal Director, Child Justice, Inc.

  • "Toby Kleinman and Daniel Pollack have given us the missing piece of the puzzle for child custody cases in the U.S. Courts. Calling out the lack of protection for children, especially for those subjected to homes where domestic violence reigns, they provide desperately needed strategies to protect them. No one, not a professional nor a consumer, should step one foot into family court without reading this fantastic book."

    --Lenore Walker, EdD, MS, Professor, College of Psychology, Nova Southeastern University

  • "Toby Kleinman is a leading expert on representing abused parents and children in custody litigation. This book clearly and eloquently explains the realities of custody litigation and translates what some have called the 'oz-like' quality of such cases into terms anyone can understand. Most importantly, she conveys the ways abuse in the family impacts every
    family member and, most of all, court personnel, who need to know what is in this book in order to avoid being snowed into not protecting at-risk children."

    --Joan S. Meier, JD, Professor of Clinical Law, George Washington University Law School; Founder and Legal Director Domestic Violence Legal Empowerment and Appeals Project (DV LEAP)

Preface
Introduction
1. A Great Judicial Fallacy
2. Defining The Problem - Representing a Battered Woman in Divorce
3. Memory
4. Language is Important to Victims
5. Understanding The Impact of Violence on Children
6. The Attorney-Client Interview: Its importance and implications
7. Pleading The Case
8. The Litigation Continued
9. Using and Choosing Experts
10. Developing Strategies
11. Family Courts Must Demand Science
12. The "Best Interest" Standard vs. Standard to Assure Child Safety
13. The Intersection of Forensic Opinion and Therapist Testimony
14. Custody Evaluations, Therapy Child Protection and Ethics
15. Mental Health Professionals Take Risks When Evaluating Children
16. Domestic Abuse and Child Protection: Is What We Are Doing Working?
17. Conclusion: An Open Letter to a Young Lawyer: A Critical Look at the Child Custody System and What Every Mental Health Person Should know about Lawyers
18. Kids Grow Up
References and Suggested Readings
Index

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Toby Kleinman, JD, is a New Jersey attorney and a partner in the law firm of Adler & Kleinman. She has litigated domestic violence, child custody and abuse cases and has been a consultant in legal cases dealing with domestic violence and child abuse in over 45 states.

Daniel Pollack, JD, MSW, is Professor in the School of Social Work at Yeshiva University. He has been an expert witness in more than 25 states. Case subject matter includes child abuse and neglect, and abuse and wrongful death of children in foster care, residential care, and day care.

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Special Features

  • Speaks to counterintuitive processes that are often fundamental to understand how family courts work when domestic abuse is present and custody is an issue.
  • Addresses the judicial fallacy that courts will automatically protect children where domestic violence is present.