Custody cases can be contentious even at the best of times. Most of the proceedings, and of course the concerns of you as a parent, are centered on what’s best for your child. However, custody arrangements can become even more contentious and the stakes can be higher when there is evidence of child abuse from one or both parents. Allegations of child abuse can complicate custody cases since keeping the child safe is of paramount importance.
The attorneys of The Grey Legal Group know that you want what’s best for your family, and we have the legal knowledge to help you secure the arrangements you feel would be most beneficial. If you suspect that your co-parent or someone in their household is abusing your child, it’s essential that you bring it to the attention of the proper authorities as soon as possible. We can help you better understand the procedure for these types of occurrences in custody cases; to start, we have compiled this blog that will outline for you the broad strokes.
Read on to find out how to recognize signs of child abuse and what to do to ensure that your child is protected.
What Counts As Child Abuse?
Child abuse and neglect are serious matters. Most people recognize the most overt types of child abuse, which include physical and sexual violence. If you notice injuries or marks on your child’s body, it is best to have them examined by a physician in order to determine if there’s cause for concern.
Emotional abuse can also affect the wellbeing of your child, and its signs can be harder to recognize. Low self-esteem, withdrawal, aggression, and depression can all be markers of emotional abuse in children. If such symptoms in your child are causing you concern, you might wish to meet with a counselor to determine the root of the problem.
Neglect is another form of abuse, and extreme cases can endanger the health of your child. Failure to provide sustenance, healthcare, clothing, or safety to children would fall under the category of neglect. Though neglect is more passive than physical abuse, it still constitutes a significant danger to your child.
Children can also be deeply affected by other types of abuse in the household. If one partner abuses another and kids witness it, they can internalize it and develop related trauma. Exposing a child to domestic violence is considered a form of child abuse in California.
Can An Abusive Parent Be Given Custody?
When deciding on how child custody will be arranged, a judge evaluates several factors, but most importantly they always try to make decisions in the best interest of the child. In almost all cases, this means that if one parent has a conviction for domestic violence or child abuse within the last five years, the abuser will be refused custody, though they might still be eligible for visitation. This rule of “best interest” also applies to households in which an abuser is present, such as if your co-parent marries a violent spouse.
However, according to a California law known as 3044, a person who has committed abuse may still be able to get joint or sole custody of a child in the following circumstances:
- The parent proves to the court beyond a reasonable doubt that their having sole custody is in the best interest of the child
- The parent has not committed any more domestic violence
- The parent has successfully completed a year-long batterer intervention program
- If ordered by a judge, the parent has successfully completed a substance abuse program
- The parent has successfully completed a parenting class
- If the parent is on parole or probation, they have not violated the terms of their parole or probation
- The parent has followed the guidelines of their restraining order if there is one against them
If these terms are met, you or a co-parent who has a record of child abuse or domestic violence can still be able to gain some level of custody of your child.
What To Do If You Suspect Your Child Is Being Abused
If you are fighting a child custody battle or have a child custody arrangement and suspect that your child is being abused by your ex or a person in their household, you should bring your findings to the attention of a judge immediately. Document any physical evidence you have that makes you suspect abuse: take pictures of any marks on your child, record any concerning behavior, and save relevant texts, emails, and social media posts.
When you take your allegations to a judge, the court will want independently verifiable evidence of the abuse in order to make a decision regarding custody. Evidence from law enforcement, Child Protective Services, and mental health professionals who specialize in children is the most compelling in these cases. The court can take any step they deem appropriate, including bringing in child welfare services to conduct an investigation. In the meantime, the judge can take necessary measures such as issuing temporary restraining orders and temporary custody arrangements.
When the investigation is finished, child services will report to the court with their findings. If they have determined that there is evidence of child abuse, the offending parent will either be denied access to the child or they will be given an arrangement for visitation which does not have a chance of endangering the child.
Beware, however, of making false claims in order to get an arrangement that you believe is more favorable. Those who make false accusations regarding child abuse in custody cases can be denied custody and charged with monetary sanctions.
The Grey Legal Group Can Help You With All Child Custody Disputes
Whether or not you believe that your child is being abused, The Grey Legal Group wants to help you fight for the child custody arrangement that you believe will be the most beneficial. We believe in honest, ethical, and personal representation, which is why we work with you to discover your goals for child custody and give you the guidance to take steps in the right direction. Reach out to schedule a free initial consultation with a member of our team and learn how we can help you preserve the arrangement that’s best for your family.
The Grey Legal Group
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