Coercive control, a form of psychological abuse, can significantly impact family dynamics and the outcomes of custody cases. In this article, we explore the implications of coercive control in custody litigation, signs to look for, and how custody evaluators assess coercive controlling behaviors.
If you or someone you know is experiencing coercive control or other types of domestic violence, contact the National Domestic Violence Hotline at 1-800-799-7233 or text START to 88788.
What is Coercive Control?
Coercive control is a type of behavior that aims to establish power and dominance over another person, such as a spouse, partner, or child.
According to the Association of Family and Conciliation Courts (AFCC), coercively controlling behaviors involve "harmful conduct that subordinates the will of another through violence, intimidation, intrusiveness, isolation, and/or control." It often includes a range of manipulative tactics, such as gaslighting and emotional abuse.
Unlike physical abuse, coercive control primarily manifests through psychological means, which can be just as damaging, if not more so, to victims and their children. It can lead to an unhealthy environment, poor communication, and a lack of trust.
Understanding this form of abuse is crucial for parents involved in custody disputes, as it can shape the court's perception of each parent's ability to provide a safe and supportive environment for their child.
How Coercive Controlling Behaviors Impact Families
Coercive control can have devastating effects on families. For adults, it creates a cycle of dependency and fear, making it difficult to assert oneself or make independent decisions. The situation often affects parenting, as the victim may feel powerless and struggle to create a nurturing environment for their children.
Children exposed to coercive control are at risk of developing emotional and psychological issues, such as anxiety, depression, and behavioral problems. They may also struggle to form healthy relationships in the future. Additionally, these children often feel torn between parents, exacerbating their emotional distress.
Effects of Coercive Control in Custody Litigation
Coercive control can play a significant role in determining custody arrangements because courts aim to prioritize the best interests of the child.
New York courts consider several factors when making custody decisions, including the child's emotional and physical well-being, the parent's ability to maintain a stable environment, and parent-child relationships. If one parent is found to engage in coercive control, it can severely affect their credibility and perceived fitness as a parent.
Judges may be more inclined to grant custody or more significant visitation rights to the non-controlling parent, particularly if it's determined that the controlling behaviors create an unsafe or unhealthy environment for the child.
In extreme cases, coercive control may lead to supervised visitation or loss of custody altogether.
Five Signs of Coercive Control
Recognizing the signs of coercive control is valuable for parents involved in custody disputes. Some common indicators include:
- Isolation: The controller may attempt to isolate the other from friends, family, and support systems. Isolation can include discouraging contact with loved ones or restricting access to resources.
- Monitoring: Coercive controllers may closely monitor their victim's activities, including phone calls, social media posts, and whereabouts, fostering an environment of constant scrutiny.
- Gaslighting: The controller may consistently cause the victim to doubt their perception of reality, which can cause confusion and a diminished sense of self-worth.
- Financial Control: Controlling finances can limit a partner's independence, making it harder for them to leave the relationship.
- Emotional Manipulation: This may include threats, belittling, or creating a climate of fear, all designed to maintain dominance over the other person.
Impact of Coercive Control on Children
Children may also exhibit signs of being affected by coercive control. Such signs include:
- Changes in behavior, like increased anxiety or aggression
- Withdrawal from social interactions or activities they previously enjoyed
- Struggles with self-esteem and confidence
Being familiar with these signs can help parents articulate their concerns during custody evaluations and hearings, providing context to the court.
How Custody Evaluators Assess Coercive Control in Custody Matters
Custody evaluators play a pivotal role in assessing family situations during custody disputes. Their job is to evaluate the family dynamics and determine the best arrangement for the child.
Understanding the complexities of coercive control is vital for evaluators. They must look beyond surface-level interactions into the underlying behavior patterns. The evaluation process includes several components:
- Interviews and Observations: Evaluators often interview both parents and observe interactions between parents and children. They may also speak with extended family members, teachers, or therapists who can provide additional insight.
- Assessment Tools: Evaluators may use specific psychological assessments designed to uncover controlling behaviors, emotional distress, and other factors that could influence parenting capabilities.
- Documentation Review: Custody evaluators can review police reports, previous court orders, and any documented evidence of controlling behavior. Emails, social media, or text messages can also serve as evidence of coercive control.
Custody evaluators provide the court with recommendations regarding custody and visitation arrangements based on their assessments. If coercive control is identified, the evaluator may recommend changes that prioritize the child's emotional well-being and safety, such as limited contact with the controlling parent or mandatory supervision during visitation.
Navigating child custody disputes in New York can be particularly challenging when coercive control is involved. A skilled custody lawyer can provide valuable guidance throughout the custody process, ensuring that your concerns regarding coercive control are effectively presented to the court.
If you suspect you are a victim of coercive control or recognize these patterns in your relationship, it is essential to reach out for help. Our lawyers are here to help.