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Proof of abuse can change a custody order

On Behalf of | Oct 21, 2019 | Firm News

As a divorced parent in Ohio, it can be difficult to come to terms with a bad custody decision. If one parent believes that the other is a danger to a child or if the child suffers abuse at the hand of one of the parents, then it is well within the rights of the parent to seek full custody. After all, courts abide by what is in the best interests of the child.

The Children’s Bureau explains that there is no standard definition for best interest of a child. This is often up to the court to decide. The courts judge a variety of principles to decide whether the custody order is in the best interest of the child. The courts will consider the adult parent’s capacity to provide a safe home environment with food, medical care and clothing, the emotional ties of the child and the mental and physical health needs of the child. In addition, the court may hear arguments as to domestic violence and the mental or physical health of the other parent.

According to LiveAbout.com, abuse comes in a variety of types. Physical abuse, emotional abuse and neglect are all considered abuses. To prove abuse may be more complex. A parent’s best defense when alleging abuse is to document each instance. Children often display emotional and physical signs of abuse. Parents can journal and document every instance of abuse or problematic behavior. In emergencies, parents may request an immediate change of custody. The parent that seeks full custody must prove that there is adequate reason to fear abuse or that the child is in danger.