Local leaders, advocates recommend changes in child custody court proceedings

MARYLAND – Elected officials and advocates are trying to make a positive change in the way that child custody proceedings happen in Maryland’s court system. They’re focusing on making sure that children and parents in situations that involve abuse or domestic violence have the resources they need. “Our laws don’t always take into account emotional trauma, psychological trauma, secondary trauma. Therefore the courts are also not taking that into account,” said Legal Director of the Women’s Law Center of Maryland Laure Ruth.

The Workgroup to Study Child Custody Proceedings Involving Child Abuse or Domestic Violence Allegations says if the recommendations they made are adopted, it could have a huge impact on the wellbeing of children involved in some of the most difficult custody battles. In fact, they say for some children it could mean the difference between life and death. “You would see more children being protected and more women being protected by the courts. You would see less murder of those children because the court would intervene where they’re supposed to,” said Vice President of RAINN Camille Cooper.

With two dozen recommendations, the workgroup is hoping to improve the process when it comes to certain child custody proceedings. State Senator Mary Beth Carozza says one of the most important topics is child custody evaluators. They help determine where a child would be safest. “Many of the parents did not even know that they had the option of having a custody evaluator in the process. They should really know that,” said Sen. Carozza.

Sen. Carozza says child custody evaluators can be a helpful tool for parents who are concerned about the safety of their children if they are placed with an abusive parent. The senator adds that there should be more transparency about their availability, and better training for child custody evaluators. “There were not clear, consistent standards for these custody evaluators. So we thought it was really important, again to protect the children, that there be standards,” said Sen. Carozza.

Plus, the workgroup is also recommending that judges are better trained in handling cases where children could be facing abuse. “Even with overwhelming evidence the courts are still getting it wrong. So I think the first thing we wanted to focus on was the judges. They are the weakest link even though they have the most power,” said Cooper.

Ruth says these recommendations are especially important amid the COVID-19 pandemic. “Realistically, there’s no where they can go. Shelters were closed for a period of time. Even if the victim were to leave, there’s no place for them to go,” said Ruth.

Sen. Carozza says she has already pre-filed the legislation that would make these recommendations the law of the land. The senator adds that she expects it to be one of the top items on the agenda once the next legislative session begins. The next legislative session in Maryland will start on January 13th. To read the full report and recommendations, click here.