Parents who are going through a child custody case are often shocked at how stressful the experience can be. When there are matters of safety involved, the experience can be devastating. Understanding how to protect children who are being subjected to abuse is critical to achieving a favorable outcome, and is an area where a skilled Florida child custody attorney can help.
When courts are faced with accusations of child abuse, judges are put into a difficult position. Often, allegations of abuse are fabricated by one parent to put the other at a disadvantage when it comes to child custody. The courts are aware of this, and sometimes take a critical approach to claims of abuse. The end result is that there are cases in which a child is placed in the care of an abusive parent, a situation that no one wants to be a part of.
The best way to ensure that this does not occur it to make a clear and compelling legal argument concerning any incidents or evidence of abuse. Unfortunately, courts are not often willing to restrict a parent's right to spend time with their child based on the verbal testimony of the other parent. Parents must be able to provide proof, which often means having a counselor, physician or an eyewitness testify in court.
Unfortunately, there are cases in which an abusive parent has been able to prevail in court, and where children are placed in the care of a parent who continues to harm them. The best way to prevent that outcome is to take an aggressive and proactive stance in the matter, and to work with a Florida child custody attorney who is familiar with these types of cases. He or she can work with parents to present the strongest possible case in court, and to pursue an outcome that keeps kids safe from harm.
Source: salon.com, "Custody in crisis: How family courts nationwide put children in danger", Laurie Udesky, Dec. 11, 2016