Definition Child Abuse - a situation where the parent or care giver of a minor child allows, inflicts or permits physical or sexual abuse or allows a situation where there is a risk of physical injury.
Application in Divorce Such actions are criminal in most states, and they affect the court’s determination of child custody. A parent who has been convicted or even accused and investigated for child abuse will have a tough time getting physical custody of the child and even visitation rights. Once recognized as a convicted abuser, the court will most likely require supervised visitation, if permitting any visitation at all.

Since child abuse carries so much weight in the custody courts, it is unfortunately popular for parents to be wrongfully accused by the other parent. False allegations of abuse from one parent in regards to the other carry severe punishment by the court. In fear of losing his or her child in a custody dispute, a parent will take the foolish step to make false allegations of abuse, only to find that these false allegations result in him or her losing parental rights.

See Child Neglect.

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Questions & Answers
Helpful Tips & Facts
  1. Document All Abuse
    A parent who suspects that his or her spouse is abusing a child should take the child for medical treatment and document the episode as soon as possible. This will be the evidence that the court will need to prove that the abuse occurred.
  2. Making a Case as the Better Parent
    This is the basis of any custody case, but watch your step. Stating neglectful actions taken by the other parent, like forgetting sunscreen, or keeping the child up late at night, will only open up a can of worms. If you have ammunition use it, but do not take cheap shots when a grenade can be thrown back at you.
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