The abuse of women and battered mothers is a sad and often familiar topic in the current world. Witnessing a physical assault on their mother and growing up in such an environment can have a devastating impact on the growing minds of children. According to a research conducted by American Judges Association, 75 percent of child custody cases that go through intense battle between the parents involve history of domestic abuse. And interestingly, the men who perpetrate domestic violence on the mothers often contest for the custody of the child. But, there is a sharp contrast in the decisions taken by different courts with respect to battered mothers and child custody.

According to a research report published by Battered Mothers Testimony Project (BMTP) in 2002, courts are biased towards battered mothers. Courts have been inefficient in protecting battered mothers and children from physical abuse. Often, fathers or batterers are preferred more than the battered mothers in awarding the custody of the child. According to the findings of BMTP, courts have violated human rights. They have allowed the batterers to continue with their abuse through court system. During the court proceedings, mothers are treated with disrespect by the investigators. They are harassed emotionally and financially.

According to a gender based study conducted by Massachusetts Supreme Judicial Court Gender Bias Task Force, many judges, investigators and family service officers usually ignore physical abuse of women while determining child custody and visitation. Even if any woman accuses her husband of physical abuse, it is considered as an act of revenge. Surprisingly, during many of these trials, the batterers have been awarded with either joint custody or sole custody of the child. According to this report, in almost 94 percent of the cases involving battered mothers and child custody, the fathers have received sole or joint child custody.

If you are struggling with issues related to battered mothers and child custody you would do well to consult an attorney in your jurisdiction to help you learn where you stand legally on this matter and learn about your legal rights and options are.