Child Custody - NCJFCJ

Custody and visitation decisions are among the most difficult that judges make. Whether by statute, case law, or custom, all state and tribal courts employ some form of the best interest of the child standard in making these decisions. A child’s physical, emotional, and psychological safety are always in his or her best interest.

The NCJFCJ provides judges with tools designed to help maximize a child’s safety within the issues of custody and visitation that can help:

- Assess whether a child or parent is at risk for physical, emotional, or mental abuse
- Review the evidence so that the safety of the child is the primary factor in determining
  his or her best interest
- Evaluate safety risks at various stages of a case, from initial filing through post-disposition.
- Make findings that explain and prioritize safety concerns.
- Draft custody and visitation orders that maximize family safety.

You can learn more about the FVDR's various current and historical initiatives to support judges and court partners in these goals below.

Our Work

Revised Chapter Four of the Model Code

The Model Code on Domestic and Family Violence (Model Code) promotes consistency across state lines in how domestic violence is handled in the criminal and civil legal systems. The NCJFCJ worked collaboratively with national experts and national and federal partners to update Chapter 4 (the family and children chapter) of the Model Code in 2022, focusing on what the field has learned over the past 20 years about the impact these laws have had on victims and their children, and strategies for implementing the revised section in a way that protects and prioritizes safety for victim parents and children.

Jurisdiction-Based Judicial Education on Domestic Violence

On going training on domestic abuse and child abuse is recommended by the Revised Chapter Four: Families and Children Model Code on Domestic and Family Violence and should be included in the jurisdiction's required professional development, orientation, continuing education, and annual educational programs for judges and judicial officers, court staff, and practitioners working in the family court system. The following chart was compiled highlighting the jurisdictions with educational requirements/offerings on domestic violence for judicial officers.

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Training and Technical Assistance for Custody Evaluators

For over a decade, with support from the Office on Violence Against Women, has offered in-depth, in-person and virtual training to evaluative professionals on domestic violence, its impact on parenting, and recommended practice for evaluating parenting and co-parenting of families who have experienced domestic violence. The Custody Evaluator Domestic Violence Institute is conducted by a multidisciplinary faculty (including behavioral health experts, civil legal advocates from BWJP, and judicial officers) and is appropriate for private custody evaluators as well as court-based staff who conduct interviews and investigations to inform custody outcomes.

The CEDVI curriculum is informed by the NCJFCJ's Revised Chapter Four of the Model Code and the Association of Family and Conciliation Courts (AFCC) Guidelines for Examining Intimate Partner Violence: A Supplement to the AFCC Model Standards of Practice for Child Custody Evaluation. Customized training and technical assistance is available to local jurisdictions upon request.

Family Court Enhancement Project

The NCJFCJ’s Family Court Enhancement Project (FCEP) was a demonstration initiative funded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The project was designed to build the capacity of the four FCEP sites’ court systems to improve custody decision-making in the context of domestic violence. The five-year project culminated in many lessons and tools, available to courts and communities at the link below.

Family Court Enhancement Project

Child Custody and Domestic Violence Considerations for Tribal Courts

Enhancing Responses

This resource guide offers recommendations and considerations for developing code language, court practices and procedures, and system reforms to enhance responses to child custody/parenting time cases involving domestic abuse. Each Tribal nation is the best judge of the responses and legal code most appropriate and meaningful for its community. As each community has unique cultural customs and practices, this tool provides broad guidance to be tailored by each community.

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