In all custody matters, parents must put the child’s best interests above all else. In most cases, the best interest of the child is to spend time with both parents. However, there are certain circumstances where the child is not safe with one of their parents. If you must prove a history of domestic abuse or child abuse in your custody hearing, it is critical to work with an experienced family law attorney.

Allegations of child abuse are taken very seriously by the courts and should be made with careful planning and sufficient proof. Below are a few tips to consider when preparing to allege and prove child abuse at your child custody hearing.

Child Abuse Under Oklahoma Law

“Child abuse” is defined by Oklahoma law as:

• the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by a person responsible for a child’s health, safety, or welfare, or
• the act of willfully or maliciously injuring, torturing, or maiming a child under eighteen (18) years of age by any person.

Child abuse can occur in many forms, including physical and mental harm. Proving physical abuse is usually simpler because there are visible marks, such as bruises or broken bones. Evidence of psychological abuse is more difficult to prove because the signs are more difficult to recognize. For example, the child may become withdrawn, lethargic, or lose interest in activities they previously enjoyed.

If you have concerns regarding a co-parent abusing your child, it is critical to be aware and to look for the signs that indicate abuse. Children are often too scared or embarrassed to admit and report the abuse themselves. Seeking help from a family law attorney and a health professional to detect child abuse is beneficial.

Tips for Proving Child Abuse

Supporting evidence proving child abuse should be collected prior to your custody hearing. Hearsay evidence, which is repeating what somebody told you, is inadmissible in court. Thus, your child custody lawyer can advise you on types of hard evidence to gather that can withstand legal challenges, such as:

Documentation

There are a variety of official documents that are reliable evidence of abuse. Whether it is physical abuse or mental abuse, having professional documentation is persuasive evidence to the court. A few examples of official documents include:

• Medical records and mental evaluations
• Photos of injuries resulting from abuse
• Documentation from school showing grade changes or shifts in behavior
• Police reports of any incidents involving the other parent
• Records of parenting plan violations

Testimony

First-hand witnesses to the abusive behavior of the other parent can provide persuasive support for your allegations. Witnesses can not only testify in court, but they can sometimes provide video or photographic evidence of their own. Expert witnesses, such as doctors or mental health professionals, can also testify in support of your allegations of abuse.

Custody Journals

Keeping a custody journal is an important way to document the incidents between you, your child, and the other parent. Every time your child is with the other parent, write down the date and all information regarding the visit, including any physical evidence of abuse and the child’s emotional state. You should also document every missed visitation or violation of the parenting plan. Keeping a record will help you remember small details and also demonstrate to the court your efforts to monitor the safety of your child.

Seek Legal Help

If you suspect your child is being abused by the other parent or somebody in the other parent’s household, you should contact a family law attorney to modify or terminate the other parent’s custody rights. You cannot simply deny visitation or violate the parenting agreement because you could be held in contempt of court.

Contact Babbit, Mitchell & Ogle Today

Every family law matter is unique but understanding what Oklahoma courts consider in your case is critical. The best interest of the child is always the priority. If you are looking for a family law attorney, contact BMO Law for a consultation. We aggressively fight on behalf of our clients. There are long-term implications for those affected by a family law case, and we are here to protect your best interests. Call us at (405) 692-7676 to schedule your appointment.

At BMO Law you are not just getting one attorney, you are getting a team!