What Kind of Proof Do You Need for Custody in Child Abuse Cases?
Child abuse can be one of the most painful issues to face as a parent in a custody case. If you are aware of child abuse by the other parent or a stepparent and you are trying to win the right to be the custodial parent, you will need to provide proof that this activity is taking place and present it to the court.
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Reliable Witnesses
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Reliable witnesses are among the most powerful forms of proof you can have in a child abuse case. A school teacher who has discussed the situation with the child or seen physical evidence of abuse, trusted parents of friends who have witnessed abusive behavior, neighbors who have witnessed the abuse or any other witness to the evidence or acts of abuse will help the case. Just make sure they are credible and have no hidden agenda or perceived motive to do harm to the other parent. For example, if your neighbor says he is willing to testify but he worked for the other parent who recently fired him from his job, he may not be the most credible witness.
Photographs
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Photographs that show signs of abuse can be a powerful form of evidence in an abuse case. If you can show that the child has bruises, burns or other injuries consistent with child abuse in photographs, then the court will have to take the accusations seriously. These photos are best when time-stamped so that you can show that the signs of abuse were visible following time spent in the care of the other parent.
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Child Testimony
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A child's testimony is an important part of proof for a child abuse case but is not always easy to obtain. Not only are abused children often too scared to testify against a parent, they can also be traumatized by the experience of talking about the subject in front of jurors, judges, lawyers and other strangers. Sometimes a court can arrange for a child's testimony to be taped privately and then shown later in the courtroom.
Doctor Testimony
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One of the best forms of proof in an abuse case is testimony or records from a physician who has examined the child and finds injuries consistent with physical or sexual abuse. Child psychologists can also be of help in this situation for physical, sexual and mental abuse. They can testify or document that the child's behavior is consistent with that of an abuse victim.
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References
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