Can a Parent Lose Custody for Emotional Abuse

How to Navigate Emotional Abuse from a Parental Figure

Navigating a child custody case takes a toll on everyone involved. One of the most tragic aspects of a child’s life is when an abusive parent forces family law involvement and a custody battle ensues.

Physical abuse can potentially impact a child’s safety and create mental health issues in the future. However, emotional child abuse can be more insidious.

Can a parent lose custody for emotional abuse? Absolutely. Physical abuse and injuries often heal automatically. However, emotional abuse can require years of mental health treatment. Sometimes, a child’s emotional state is never fully restored to its original form.

During any custody dispute, finding a way to prove emotional abuse is critical. As children aren’t always willing to speak out against abusive behavior, it becomes the job of the other parent or mental health professionals to understand the signs and present evidence of emotional abuse.

At Icarus Behavioral Health in New Mexico, we help adults and young people of all ages heal from physical and emotional abuse caused by domestic violence situations.

In this article, you’ll learn how to identify the habits of an abusive parent, familiarize yourself with emotional abuse signs in children, and emotionally abused children who are dealing with a parent who has lost custody rights.

Understanding Emotional Abuse In a Child Custody Situation

Emotional abuse, otherwise known as a form of domestic violence, verbal abuse, or psychological abuse, outlines a pattern of behavior that is detrimental to a child’s welfare, leaving a lasting impact on their mental health and causing low self-esteem. Common behaviors that encompass emotional abuse include:

• Verbal insults and name-calling
• Constant criticism or humiliation
• Manipulation and gaslighting
• Threats of intimidation
• Lack of affection or emotional support
• Attempts to ruin the child’s relationship with the other parent

When children must endure this type of behavior, especially from an emotionally abusive parent, 0it leads to anxiety, depression, attachment issues, and other psychological disorders. Family law courts regularly recognize the damage caused by emotional abuse and seriously consider it during a child custody battle.

Can a Parent Lose Custody Over Emotional Abuse?

During a child custody case, many parents inquire about the seriousness of emotional abuse toward children.

What the Courts Look For:

Family courts prioritize the best interests of the child during a custody case. Emotional abuse can directly impact that interest in the event:

• The courts view emotional abuse present in the child linked to the parent’s behavior as a significant reason to sway the court’s custody decision.
• There is evidence of manipulation or one parent keeping the child from the other.
• A psychological evaluation determines that the abuse is impacting the child’s physical or mental health.

Physical abuse is easy to prove when the other parent physically harms a child. However,  an emotionally abused child is more challenging to spot. This can be difficult during a child custody case, as courts require proof and not just hearsay.

Types of Decisions Made Over Emotional Abuse In a Child Custody Case

• If one side can prove emotional abuse, one parent may lose custody, awarding full rights to the non-abusive mother or father.
• A custody arrangement that includes restricted or supervised visitation may be imposed.
• In the least severe cases, a custody arrangement may include mandatory therapy or parenting classes before supervised visits are imposed or one parent loses all custody rights.

Evidence Required by Family Court to Prove Emotional Abuse

Protecting children is the primary goal when it comes to family law issues. However, winning custody decisions requires efficient documentation and consistent efforts from any legal assistance acquired by the non-abusive parent. Some of the most pertinent pieces of evidence include:

• Reports from the child’s mental health specialist
• School records regarding changes in behavior or alarm over your child’s well-being.
• Any phone or email records that demonstrate verbal attacks or other documented instances of abusive language.
• Evaluations by individuals appointed by child custody court.
• Police reports or reports from Child Protective Services.

The more third-party accounts are available during testimony, the better your chances are of gaining sole custody. Emotionally abusive accusations with no backing may come off as exaggerated or vindictive, especially when meaningful relationships are severed with negative emotions involved.

Supporting Evidence the Court May Recognize

In some instances, identifying damage to a child’s health due to emotional abuse can be challenging. However, specific actions that take place daily but are disguised as disciplinary actions could be abuse, leading to the removal of legal custody. These actions include:

• If the child experiences parental alienation while visiting the parent in question.
• The child displays signs of anxiety or fear when in the care of the abusive parent.
• The parent fails to provide a nurturing environment and controls who the child visits.
• There’s evidence the child has been forced into lying to produce a favorable outcome for the parent accused of the abuse.
• The parent ignores the child’s appearance, or court officials notice apparent signs of neglect.

Court officials are adept at noticing patterns instead of isolated incidents. If the parent’s care creates an emotionally unstable environment, fewer custodial rights are granted because of the concern for the child’s safety.

The Custody Arrangement is Based On Evaluations

A custody evaluation is an assessment conducted by a psychologist or social worker to determine the custody arrangement based on the child’s best interests.

The courts generally order these assessments when cases determine parental rights during a potentially abusive situation. The individual conducting the evaluation might:

• Interview the parents and children
• Observe how the parents and children interact with one another
• Review pertinent documents from school or the children’s physician
• Use mental health specialists to conduct psychological evaluations

The report is considered significant in court. When emotional abuse is a factor in the development of the child, the result is typically a custody change.

What to Do If You Experience Emotional Abuse

If you or any of your children are going through an emotionally traumatic or abusive interaction with a parent, you must act quickly but lawfully. Here’s how to properly begin the process:

1. Document All Events

Create a written log of situations, including the date, behavior, and the impact on your child. Save all written and recorded incidents.

2. Seek Professional Assistance

Contract the services of a child psychologist. Their evaluation provides neutral, professional opinions to support your claims.

3. Consult a Family Lawyer

A seasoned lawyer can assist you in evaluating your options, whether you’re interested in modifying custody or defending yourself against baseless claims of abuse.

4. Leverage Protective Orders

In the most serious cases, officials may issue a protective order, mainly if the abuse entails threats, stalking, or physical violence.

5. Use CPS to Your Advantage

If the abuse is particularly violent or intense, file a report with Child Protective Services. They can give professional advice to the courts regarding your situation.

Navigating Co-Parenting When Emotional Abuse Is Involved

Unfortunately, not all custody agreements are easily amended. If your co-parent maintains legal custodial rights, you may have to find ways to co-exist and protect your children. Here are some strategies to employ:

Parallel Parenting

Contact should be limited to written communication, including emails, co-parenting apps, and letters. Strict boundaries should be maintained, and emotional discussions should be avoided.

Use Neutral Drop-Off Locations

Police stations or supervised visitation centers reduce direct contact and provide a safe space to transition from one parent to another.

Monitor Emotional Well-Being

Give your children the confidence they need to express their feelings. Validate their emotions without interrogating or pressuring them to choose sides.

Child Therapy

When courts don’t intervene, therapy can help children regain self-confidence and regulate their emotions.

Available Legal Options

If the emotional abuse continues, you have the following options:

• Custody modification: You must demonstrate a stark change in circumstances
• Emergency custody: In the most intense situations, a judge can temporarily revoke custody from the abusive parent.
• Contempt of court: Legal consequences may follow if the abusive parent violates an order.
• Supervised visitation: This is an option if emotional abuse is likely but not severe enough to warrant complete termination of custody.

Every situation is different. A legal professional’s advice should always guide your path forward.

Icarus Behavioral Health In New Mexico Can Help

If you’ve dealt with an emotionally taxing situation or a damaging custody battle, Icarus Behavioral in New Mexico can help you with the mental health treatment you need. Our specialists are experienced in treating PTSD and administering trauma-informed therapy.

They can help you and your family members regain the emotional stability and sense of self-worth before an abusive spouse or parent inflicts any damage. For more information, contact a member of our admissions team today.