Physical abuse is easy to prove as it leaves visible marks. But you may wonder how to prove emotional abuse in a custody case. Because signs of emotional abuse are not visible, it’s not easy to prove it in court. And that’s what this article helps you with.
Before getting into how to prove emotional abuse in a custody case, let’s discuss a little bit about emotional abuse.
Emotional abuse
Non-physical or behavioral actions that affect a person’s self-respect, confidence, and happiness are considered emotional abuse (also called psychological abuse). The intent of emotional abuse is to manipulate or have control over that person’s life. For more clarity, look at the following actions that count as emotional abuse:
- Abusing verbally
- Criticism
- Ignoring
- Controlling
- Blaming
- Threatening
- Manipulating, etc.
If you experience any of these signs in your marital relationship persistently, you should file for divorce. Because that significantly affects your (or your children’s) lives by tremendously affecting your or your children’s mental health. Emotional abuse can cause anxiety, depression, behavioral issues, stress, etc. Even though the marks of emotional abuse are not visible, their impact is so deep. So never compromise any abuse at any cost.
If either you or your child become the victim of emotional abuse, you should prove that in court to get child custody. Now, if you’re worrying about how to prove emotional abuse in a custody case, don’t worry; we’re here to guide you. Just keep reading!
Learn more: Collaborative divorce vs. uncontested divorce
How to prove emotional abuse in a custody case
Unlike physical abuse, emotional abuse is somehow complex to prove in court. But it will have a huge impact on the child’s custody. Emotional abuse towards children is not the only thing that gets counted while deciding child custody; emotional abuse towards your partner also gets counted.
Look at the following points that elaborate on how to prove emotional abuse in a custody case:
- Text, audio, or video messages
- Someone who witnesses your partner’s abusive behavior
- E-mails or Dm’s
- Use a mental health professional report
By collecting such evidence, it gets easier for you to prove emotional abuse in court. Even one or two such strong pieces of evidence are sufficient to charge allegations against your partner. And that definitely proves helpful in a custody case.
Learn more: How to divorce a controlling husband
Can a parent lose custody for emotional abuse?
The court considers various factors before deciding a child’s custody by highly considering the child’s best interests. Some of those factors are a parent’s lifestyle, financial status, behavior, and even willingness, instead of just considering the child’s age and wishes.
As decisions are to be made by considering the child’s best interests, undoubtedly, emotional abuse is mainly considered by the court. On that basis, a parent can lose custody for emotional abuse.
Any kind of abuse, such as physical, emotional, or sexual, affects the child custody case. And that increases the chances of that abusive parent losing the child’s custody.
Simply collect the evidence, hire an attorney, and fight for child custody and your child’s better future. Work with your attorney to make your divorce and custody case stronger.
Final words:
Even though emotional abuse doesn’t show any visible marks, you can prove that in court with strong evidence. For that, you can use any text, audio, or video message, photograph, eyewitness, e-mail, etc. to prove your point against your partner. Simply work with your attorney to understand the state’s law and how to make your point in court.
And, on that basis, an abusive parent can lose custody for emotional abuse and can even get very limited visitation time. Because nothing is more important than the child’s best interest, as per the law, when deciding the child’s custody.
Every past or present action gets counted when the case goes to the courtroom for divorce and for a child’s custody.
