Proving Emotional Abuse in Child Custody Case CA

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Should you have evidence of emotional abuse, it may impact your child custody case. Since the court always acts in favor of the child’s best interest, it will weigh the allegations seriously before making a decision. To increase the chances of negotiating a fair child custody agreement, retain the services of an experienced divorce lawyer. A seasoned family law attorney can assess the level of emotional abuse and determine your next course of action.

Emotional abuse defined

Emotional abuse is not always easy to detect. If you suspect that it may be occurring, you need professional guidance. Some of the most common examples of emotional abuse include:

  • Verbally assaulting — A parent is guilty of verbal assault when they use cruel words to demean and subjugate their child. This type of behavior can have long-lasting psychological repercussions.
  • Isolating & terrorizing — When a parent uses confinement or the threats of abuse to get what they what from a child, they are engaging in emotional abuse. If you witness your child being isolated or terrorized by their custodial parent, seek legal guidance.
  • Ignoring and rejecting— Children have fragile egos and are extremely impressionable. A parent can easily abuse their power and manipulate a child’s will by ignoring and/ or rejecting them.
  • Neglecting — Children need love and constant care. If a parent fails to provide these necessities, they may be guilty of neglect.
  • Exploiting — Any parent who uses their children to further their own interests should not have custody.

Identifying emotional abuse can be challenging. In many cases, instances of abuse are subtle or under the radar. However, emotional abuse is extremely harmful to developing children and it is vital that you get help if you think your child may be a victim.

Proving emotional abuse

Unless you have concrete evidence — video, audio, photographs, etc. – proving emotional abuse can be difficult. Without evidence it ultimately comes down to a he said/she said situation. However, the best way to try and prove emotional abuse is to ask for a mental health study (MHS) or forensic evaluation during the custody proceedings. A mental health expert can interact with your child and quickly discern if there is any level of emotional abuse.

Contact compassionate California family law attorneys

Giuliano Law Firm has provided sensitive and effective legal care to families throughout California for more than 20 years. No matter how difficult your domestic law issue may seem, our experienced attorneys are up for the task. To find out more about our services, or to discuss your case with a knowledgeable family law attorney, call (831) 257-8692 or contact us online.

Speak With An Experienced Child Custody Attorney

Call 831.372.4003 or fill out the form below to speak with an attorney.