In many custody cases, parents prioritize their child’s well-being above all else. However, in some situations, a child may not be safe with one of their parents, especially if there is a history of domestic abuse or child abuse or if there are concerns about the child being exposed to a potentially dangerous environment.
While it’s crucial for a parent to safeguard their child, it’s important to note that child abuse allegations are treated with the utmost seriousness by the courts and should not be made without careful consideration. Certified California Family Law Specialist Judy L. Burger can help you prove child abuse in your custody hearing to keep your children safe. Here are some things you should know.
Recognizing Child Abuse
The Federal Child Abuse Prevention and Treatment Act (CAPTA) as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:
- “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation;” or
- “An act or failure to act which presents an imminent risk of serious harm.”
California law defines child abuse as:
- Physical injury inflicted on a child by another person
- Sexual abuse, or
- Emotional abuse
Child abuse can take many forms, including causing physical or psychological harm. While physical abuse may leave visible marks like bruises, psychological abuse can be harder to detect. Signs of psychological abuse may include a child becoming withdrawn or losing interest in activities they used to enjoy.
Emotional abuse and neglect may be more harmful in the long term than physical or sexual abuse.
It’s crucial for parents to be aware of these signs, as children who are being abused may be too young or scared to report it themselves. You may need help from medical or mental health professionals to help detect child abuse.
Proving Child Abuse
Proving allegations of child abuse in court or your custody hearing requires hard evidence. Hearsay – repeating what someone else told you – is not admissible evidence. Hard evidence that can withstand legal challenges by the defendant’s attorney is documented proof of actual abuse.
While this sounds simple, it can become complex. Sometimes, you may only be able to document the changes reflected in a child’s behavior that may point to abuse.
Here are some recommended ways to prove child abuse in a California family court:
Official Documentation
Official documents that show physical evidence of abuse reflect possible abusive behaviors or indicate a pattern of change in behavior that can indicate abuse are admissible. These can include:
- Medical records (exam documentation, photos, mental evaluations, etc.)
- School reports documenting grade changes or behavior shifts
- Police reports of any incidents involving the other parent
- Records showing missed or denied parenting time or parenting plan violations
Witness testimony
Witnesses provide context for your allegations and may offer credible first-hand evidence of abusive behavior. They can provide:
- Written testimony
- Video or photographic evidence
- Out-of-court depositions
- Live witness testimony
- Expert custody evaluations (mental health experts, court-appointed parenting coordinators, home study professionals, etc.)
Custody Journals
A custody journal can help illustrate your relationships with the child and the other parent. You can document:
- Situations in which you don’t believe the other parent acted in the child’s best interests
- Interactions with the other parent
- Attempts to comply with existing custody agreements
- Quality time you spend with the child
- The child’s emotional state
- The child’s medical appointments
- The child’s behavior
- The child’s own comments
Reporting Child Abuse
If a parent has concerns about their child being abused by the other parent or someone in the other parent’s household, they have the right to ask the court for an order to limit or remove the other parent’s custody rights. If the court finds evidence of abuse, it will issue either a temporary or final order with custody terms that ensure the child’s safety.
Note: You cannot simply decide to ignore existing visitation or other parenting agreements if you suspect abuse or neglect. You could be held in contempt of court.
If you suspect abuse or the potential for abuse or harm, contact The Law Offices of Judy L. Burger. We can help you contact the Child Protective Services Department in your county and arrange for emergency responses. Our office can also petition the court for an ex-parte order to help keep you and your child safe until a court hearing can make more permanent decisions.
When someone files a credible report regarding a child in danger, an investigation must be conducted by either a social worker or the police. They will decide if the child appears to be in imminent danger and whether it is necessary to remove the child from his or her home.
Police or the social workers may decide that a child should be placed in temporary foster care for his or her safety if they believe the child was neglected, molested, or abused. The child may be sent to live with a relative, to the other legal parent if the parents do not live together, or to a foster home or shelter.
Once a child is removed from the home, social services should conduct a deeper investigation about the home environment, the parent or other caretakers, and the child. After an investigation, social services will make recommendations regarding what action they consider to be best for the child’s safety and personal wellbeing. They may recommend filing a petition in court to have a child declared “dependent.”
If you believe you have been wrongfully targeted by social services and need someone on your side to fight for you and your child, seek the help of an experienced family law attorney as soon as possible. A delay could be used against you by social services later.
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