When Does Child Abuse Lead to Custody Modifications in Atlanta?

Child abuse is a clear example of a “change in circumstance” that can lead to a custody modification in Atlanta. If you face this type of situation, you may be desperate to save your child from a dangerous living situation. Alternatively, you may feel that these child abuse allegations are completely false. Whatever the case may be, it makes sense to connect with a child custody modifications attorney in Atlanta to determine your next potential steps.

What if the Parent Allegedly Committed the Abuse?

If one parent allegedly abused the child, this can certainly lead to a modification of the child custody order. However, the parent who wishes to modify custody must present a “preponderance of evidence” in this situation. In other words, they must establish a likelihood of over 50% that the abuse actually occurred.

Note that this is a lower burden of proof than the “beyond a reasonable doubt” standard seen in criminal child abuse cases. If you believe your ex abused the child, you may report the incident to the authorities and pursue a modification in the family court. Note that establishing abuse in a family court is easier than establishing guilt in a criminal court. In other words, you can petition for a modification even if the other parent escaped a criminal child abuse conviction.

What if Someone Else Committed the Abuse?

If someone other than the parents committed the abuse, this might also lead to a modification. For example, a religious leader at a church or temple might have abused the child. In this case, a parent might petition to modify legal custody, thereby gaining control of the child’s religious upbringing in the future. In this way, the parent who gains sole legal custody could potentially prevent the child from coming into contact with abusive religious officials in the future.

The same logic applies to abusive teachers, doctors, and extended family members. A parent could petition to modify the custody order and gain more control over the child’s healthcare and education. This newfound control could help the parent keep the child out of dangerous situations.

What About Neglect? 

Neglect is a similar concept to child abuse, but with slight differences. While abuse generally involves intentional acts, neglect involves reckless mistakes and inactions. Examples include driving drunk with a child in the vehicle, failing to feed the child regularly, or failing to supervise the child. Depending on the specifics of the situation, this misconduct can also lead to valid modifications.

Can a Child Custody Attorney in Atlanta Help Me?

A child custody attorney in Atlanta may be able to help if you face a difficult situation involving child abuse allegations. Regardless of which side of the argument you’re on, a lawyer can help you fight for your parental rights. Child abuse can lead to a modification of your custody order, but only with compelling evidence. Contact Buckhead Family Law today for further guidance.

Sources: 

oca.georgia.gov/child-abuse-and-neglect-reporting

dfcs.georgia.gov/how-report-child-abuse