You may be getting a divorce from your spouse because they have a history of being emotionally abusive toward you. But they may have also been emotionally abusive toward your child. In this case, during your divorce proceedings, you may want to do everything in your power to fight for full custody rights so that your spouse can no longer have easy access to your child. Read on to discover how one parent’s emotional abuse can impact a child custody decision and how a seasoned Morristown child custody lawyer at Graves Andrews, LLC can help prove your case.
How can one parent’s emotional abuse impact a child custody decision?
When the New Jersey family court makes its child custody decision, it is primarily concerned about the child’s welfare and safety. Evidently, placing the child under the direct care of a parent who has historically been emotionally abusive toward them or others does not work in their best interest. Therefore, the court may deny the parent custody rights over the child at any degree.
At the very most, the court may only grant limited supervised visitation hours with the child. This is only if it wants to make an effort to have the child maintain a relationship with both parents. However, if extreme enough, such emotional abuse may be considered a form of domestic violence. And since the child’s best interest always takes priority, the court may find it wrong to grant the emotionally abusive parent visitation rights.
How can I prove my child is being emotionally abused in my custody case?
Claiming that your spouse is emotionally abusive toward your child is a serious accusation that must be backed up by solid evidence. So, for your child custody case proceedings, you may ask a psychological expert to testify on your child’s behalf. This expert may even be your child’s treating psychiatrist or therapist, who may touch on how this emotional abuse has affected their mental health (i.e., anxiety, depression, etc). You may also ask your child’s close family members, siblings of mature ages, and other loved ones to testify on their behalf and claim they have witnessed such emotional abuse take place firsthand, on one or more occasions.
In addition, you may help your case for full custody by providing the court with tangible proof. For example, you may supply copies of written communication between your child and their other parent (i.e., text messages, emails, letters, etc). in which their psychological manipulation is evident. Or, you may present a video recording of an emotionally abusive incident taking place. This may be alongside an official police report of the incident. Lastly, you may ask the court to order a psychological evaluation of your child’s other parent.
In conclusion, if you believe you need a nudge in the right direction, you should feel comfortable turning to a competent Morristown family law attorney for aid. With that being said, do not hesitate to contact Graves Andrews, LLC.
