When you head into divorce court, a child custody lawyer will be assigned to you and you will be required to pay his/her hourly fees. If you want to pursue full legal custody on the grounds of abuse, most child custody lawyers want proof. They cannot make a recommendation based solely on your word because, for all they know, you are making up stories about your ex being abusive. If you really want to protect your kids from an abusive parent, here is what the child custody lawyer and the court wants to see.
Records of Abuse
Physical and/or sexual abuse should be well-documented. You need to show medical records that reveal broken bones, beatings, bruises, blood from the vagina or rectum, hand prints where someone grabbed the kids and squeezed really hard, etc. Photographs taken by medical professionals of these injuries (with the exception of genitals) need to be in the file as well.
The children's testimony of physical and/or sexual abuse is often taken during the time that the child custody lawyer questions your child in seclusion. You will not know when and where your child will be interrogated so that neither you nor your ex can interfere. This usually happens while the child is at school, since it is the easiest and most public place the child custody lawyer can have a conversation with your child(ren) and the children are safest. What your child says becomes part of the records produced in court for any allegations of abuse.
Documentation from Teachers
Teachers may be able to provide limited assistance with your case too. If you currently share temporary placement of the children until the custody hearing is over, teachers may document any behavior issues and outward, visible signs of abuse or emotional trauma and distress. These records are often released to the child custody lawyer if and when you sign a release form.
Documentation or Expert Witnesses Involving Psychological/Behavioral Therapists
Lastly, to solidly prove allegations of abuse against your ex, your child may need to see a psychiatrist or mental and emotional health therapist. These people will note a child's behaviors, how the child reacts to touch, what the child has to say or communicate during sessions, etc. Then the judge can make a ruling on the allegations you have brought against your ex, and you and your lawyer can make formal requests with regards to physical custody and placement changes.
For more information, contact a place like The Law Offices of Lisa E. Frazer, LLC.Share
26 April 2017
Adopting a child is a wonderful way to bring a child into your family and give a child that needs a home a loving environment to grow up in. Unfortunately, the adoption process is not easy to get through. If you fail to file one document, the adoption can be set back by months. This blog will show you what to expect as you work your way thorough the adoption process and give you a few ideas of the things that you should leave up to your family attorney. Hopefully, what I have learned through my two adoptions will help you get through yours with no issues.