Residence of child

Legislation should state that in every proceeding where domestic or family violence has occurred between the parents there is a rebuttable presumption that it is in the best interest of the child to reside with the parent who did not perpetrate the violence in the location of that parent’s choice. This presumption should extend to cases involving orders for protection, juvenile delinquency and child protection.

(See: Family Violence: A Model State Code (1994), Sec. 403.)

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