Dealing With Allegations of Child Abuse During a Custody Battle in Atlanta

Allegations of child abuse can drastically affect custody battles in Atlanta. Whether you’re making these accusations or facing them, you should know that family courts take child abuse very seriously. How should you approach these situations? How do you act in your child’s best interests? Could a child custody attorney in Atlanta help?

How Do I Prove Child Abuse in a Child Custody Case?

All family law cases have the same “burden of proof.” In order to convince the court that child abuse has occurred, you need to show a preponderance of evidence. In other words, the likelihood of the abuse occurring must be greater than 50%. Note that this is a lower burden of proof compared to criminal child abuse cases. In other words, it is easier to prove child abuse in a divorce case compared to a criminal case.

That being said, lack of evidence is a common issue for those making these allegations. Many incidents involving child abuse and domestic violence occur behind closed doors. As such, the only witnesses may be the family members involved. Children may testify as to their experiences, but they may be too young to participate meaningfully in the court process.

It may be possible to gather evidence before the custody case begins. Photographs of injuries, video footage, and similar evidence could be useful. If you know of any reliable witnesses who might be able to shed light on these incidents, it makes sense to gather their contact information and see if they are willing to testify.

If you cannot prove child abuse, your ex might get parenting time despite their past misconduct. In this situation, you can continue to try to gather evidence. Once you have the necessary evidence of child abuse, you can petition to modify the custody agreement. This will bring all parties back to court, and your ex might lose parenting time when the court sees this new evidence.

How to Defend Yourself Against Child Abuse Allegations

While the burden of proof can be challenging to overcome for accusers, it also serves as a strong protection against false allegations. If your ex is making false allegations of child abuse, this should not lead to negative consequences. If the incidents never occurred, your ex will lack the necessary evidence to prove anything in court.

Note that if it becomes clear that your ex is intentionally making false allegations against you, the family court may enforce various penalties against them. First, your ex may receive less parenting time with their children after the divorce becomes final. This potential penalty serves to dissuade people from making false allegations and wasting the court’s time.

Contact a Child Custody Attorney in Atlanta for Further Guidance 

A child custody attorney in Atlanta may be able to offer further guidance if your custody battle involves allegations of abuse, neglect, or domestic violence. The family court takes these allegations seriously, and so should you. Whether you face false allegations or you know for a fact your ex has committed this misconduct, Buckhead Family Law is here to help. Contact us today to learn more about your next steps.

Source: 

oca.georgia.gov/child-abuse-and-neglect-reporting#:~:text=Call%20Centralized%20Intake%20at%201,and%207%20days%20a%20week.