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Parental Rights in Custody Battles Alleged Abuse of Children

Posted by Crissy Del Percio | Dec 04, 2019 | 0 Comments

custody battles alleged abuse of children

As soon as allegations of abuse surface, custody battles become highly charged and the stakes can become extremely high. When there are allegations made against both parents, the legal rights of each must be reviewed in light of such serious allegations. This article explores various perspectives that impact how custody disputes involving child abuse will ultimately play out.

Child abuse allegations often play an integral part in custody battles. Legal systems face a difficult challenge when allegations of child abuse emerge during custody disputes, needing to balance parental rights with safeguarding their child's safety and wellbeing. Allegations could range from physical abuse, neglect, and emotional/psychological harm. To assess them reliably, an exhaustive investigation must take place.


Legal Protections of Parents Who are Being Charged with Child Abuse


Presumption Of Innocence
Legal principles recognize the presumption of innocence for parents as a fundamental principle that protects their rights against false accusations. Criminal proceedings also adhere to this fundamental tenet until guilt has been established through legal means. Similarly, parents' rights should remain secure from unfounded accusations in civil matters.

Due Process
Parents accused of child abuse have the right to due procedure, which ensures a fair and impartial legal proceeding. It includes rights such as hearing their case, providing evidence, cross-examining witnesses, and having legal representation. To protect their rights, those accused must exercise these legal privileges fully and firmly.

Parents' Rights and Their Child's Best Interests
Courts aim to strike a balance between both parents' rights and what is best for the child, taking several factors such as allegations of abuse into consideration in reaching this decision.


Legal Procedures and Considerations


Child Protective Services Investigation
Authorities, usually represented by CPS in cases of suspected child abuse, conduct thorough investigations. Parents accused of child abuse should cooperate in these investigations and provide their side of the story while following legal guidelines to protect their rights.

Expert Witnesses and Evaluation
To evaluate the validity and reliability of allegations, courts may ask for expert testimony by psychologists, social work specialists, or child welfare experts. Expert opinions can have a significant impact on the court's decisions, which highlights the importance of presenting an effective defense.

Parenting Plans and Supervised visits
If abuse allegations are proven, the court may modify parenting plans and/or impose supervised visits to ensure that the child is safe while still maintaining some contact with the parent accused. Negotiating favorable terms is dependent on a legal strategy.

Legal Consequences of False Accusations
False allegations of child abuse may have serious legal consequences. Parents who are falsely accused have the right to take legal action, including bringing defamation and perjury charges against those making the false accusations.
The legal system faces a complex task in custody battles involving allegations of child abuse, balancing the rights of the child and the accused. 


A thorough understanding of legal rights and procedures is crucial. Parents accused of child abuse must defend their rights, as allegations can have irreversible effects on custody decisions. A strategic approach can secure a fair resolution, balancing the needs of both parents and children. Legal professionals, parents, and courts must work together to uphold the rights of all parties, fostering a coexistence between parental rights and child safety within the law.

For questions regarding child abuse, parental rights, or any topics related to divorce law, or to hire a divorce attorney in Kansas City, contact Drama Free Divorce now through this number (816) 615-5555. We have a team of outstanding divorce lawyers that are ready to help you!

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 


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