The touchy subject of parental abuse

Grandparents rights in custody situations
October 17, 2010
Grandparents Rights in Divorce Agreements
October 26, 2010

The most serious allegation that you can attempt to prove in court is that of abuse or neglect of the child. Therefore, if you make this allegation you can expect a spirited denial from the parent whom you charge with such an action or pattern of actions. Such actions can not only cause a parent to lose a child permanently but also lead to criminal charges.

It is important to remember that if you suspect the abuse of a child it is your duty to report the matter to authorities, regardless of your decision about seeking custody. In fact, under law it is required that an adult who knows a child is being abused come forward and report the abuse.

In a custody case, attempting to prove abuse and/or neglect can and most likely will lead to the most acrimonious of court proceedings. You will have to gather evidence and you will need to have an attorney represent your case in court. You must be absolutely certain of the truth of the charges you make before raising them in court.

No matter what, forms of abuse (physical, sexual) and/or negligence are very difficult to prove in court. This can be made less difficult, but not assured, if your grandchild’s parent has been legally charged or convicted of such actions previously.

If charges of abuse and neglect are successfully proven to a court it will mean that they will likely be found unfit. Although that does not assure you will be awarded custody it greatly increases the chances.

You can find out much more about how to handle these difficult and delicate situations regarding parental abuse in my new book No Greater Loss

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