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El. knyga: Domestic Abuse, Child Custody, and Visitation: Winning in Family Court

(Managing Partner, Adler & Kleinman Attorneys at Law), (Professor, Wurzweiler School of Social Work)
  • Formatas: 152 pages
  • Išleidimo metai: 02-May-2017
  • Leidėjas: Oxford University Press Inc
  • Kalba: eng
  • ISBN-13: 9780190641597
  • Formatas: 152 pages
  • Išleidimo metai: 02-May-2017
  • Leidėjas: Oxford University Press Inc
  • Kalba: eng
  • ISBN-13: 9780190641597

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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.

Recenzijos

"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) "For family law attorneys, this book offers a glimpse of how important their work can be. It also explains why domestic abuse survivors leaving this family dynamic need to be treated with sensitivity, patience, and understanding. This book is a must-read for those in the mental health field working with domestic abuse survivors engaged in family court matters, and for attorneys practicing in, or wanting to practice in, family law." --CHOICE "Domestic Abuse, Child Custody, and Visitation shouts collaboration and consultation from beginning to end....Within the contents f this book lie realistic insights into the relationship cycle via victim chronology, cycle of violence, and power and control wheels. The textbook clearly demonstrates...the necessity of relationship enhancement between social workers, attorney,s judges, and the court system." -The New Social Worker "This book covers the legal and psychological factors regarding domestic abuse survivors leaving the abusive relationship.... [ It] is a must-read for those in the mental health field working with domestic abuse survivors engaged in family court matters, and for attorneys practicing in, or wanting to practice in, family law." -CHOICE

Preface ix
Acknowledgement xvii
Introduction xix
1 A Great Judicial Fallacy
1(15)
2 Defining the Problem: Representing a Battered Woman in Divorce
16(12)
3 Memory
28(6)
4 Language Is Important to Victims
34(9)
5 Understanding the Impact of Violence on Children
43(16)
6 The Attorney-Client Interview: Its Importance and Implications
59(8)
7 Pleading the Case
67(16)
8 The Litigation Continued
83(4)
9 Using and Choosing Experts
87(10)
10 Developing Strategies
97(21)
11 Family Courts Must Demand Science
118(8)
12 The "Best Interest" Standard versus Changing the Standard to Assure Child Safety
126(7)
13 The Intersection of Forensic Opinion and Therapist Testimony
133(6)
14 Custody Evaluations, Therapy, Child Protection, and Ethics
139(9)
15 Mental Health Professionals Take Risks When Evaluating Children
148(5)
16 Domestic Abuse and Child Protection: Is What We Are Doing Working?
153(3)
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
156(8)
18 Kids Grow Up
164(3)
References and Suggested Reading 167(6)
Index 173
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.