Child abuse is defined by the court in a very narrow and particular way. Claims of abuse are frequently used as leverage in child custody disputes. What should I do if I have suspicion my ex is abusing our child? Child Protective Services, also known as CPS, should have already received your report. Allegations of child abuse are quite serious.
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The court might not take your definition of abuse fully because it is simply too broad. The court frequently considers allegations of abuse in the context of family court cases and custody disputes. Proceed with caution if you want to use abuse as leverage in a custody battle since your reputation could be damaged if CPS finds the allegations to be untrue.
Stop and Think Before You Act
We already wrote a piece on this topic with the title, “What To Do If Your Child Says Your Ex Is Abusive, But There’s No Evidence” in our Legal Blog.
In that article we talked about approaching suspicions of child abuse and even neglect, very carefully. You must first realize how much awareness you have of what abuse looks like. Another type of abuse is neglect. Are you able to identify it when you see it?
But trying to handle things on your own in this situation is the worst thing you can do. You might decide based on your limited understanding and appreciation of the situation, to withhold parenting time of your ex.
You take the hasty decision to keep your spouse and child apart. You just cut off parenting time without cause.
If you do that without providing any tangible proof, the only thing that will result is that your parental rights will start to be curtailed. Your husband, who is on the other side, will submit a motion. They’re also going to say that you withheld the child in violation of the court’s order.
Therefore, refrain from taking matters into your own hands and denying your ex spouse time with your children.
Of course your child informed you that something wasn’t right. But you lack evidence.
In that case, the court will consider what you did to be a flagrant violation of the court’s order, and might deprive you of your parenting time.
The most crucial thing right now is to let your partner know that you have this issue. Determine what is actually happening. If there’s a very opportune and important time to communicate, this should be it.
Understand What Is Considered Child Abuse in Michigan
Allegations of child abuse should not be taken lightly. Many people discuss child abuse without actually defining what it is. The meaning of child abuse is an extremely fluid concept. Even the method for identifying child abuse from a medical standpoint is changing. Consequences arise from ignorance.
We posted an article talking exclusively about child abuse entitled, “What Is Considered Child Abuse in Michigan?” defining what child abuse means to the state of Michigan.
In the eyes of state statutes, child abuse is like a spectrum or is an offense committed in a matter of degrees.
Here is how the law defines child abuse, and this is where you will learn how the law categorizes it.
The following scenarios qualify as child abuse in the fourth degree for the offender:
A specific level of child abuse is regarded as a misdemeanor. When a child is physically harmed due to someone else’s carelessness or negligence, it is a misdemeanor. Or, regardless of whether physical harm occurs, the behavior was intentional or knowing and exposes a child to a disproportionate risk of injury or harm.
You will be found guilty in the fourth degree by the court in this situation.
Third-degree child abuse is the next level of abuse against children. This occurs when someone purposely or knowingly causes physical injury to a child. A person willfully or knowingly commits a crime that actually causes bodily harm to a child, and the crime places a child in an unreasonable danger of harm or injury given the circumstances.
The offense of second-degree child abuse is a little more serious. When a person’s negligent activity causes a child to sustain substantial physical or mental harm as a result of their action, or vice versa, it is considered child abuse in the second degree. Whether or not injury is experienced, the act was done purposely or knowingly with the intent to significantly hurt a child’s physical or mental health.
Serious repercussions will come next in this scenario.
If someone’s negligent behavior causes a child to sustain severe bodily or mental harm as a result of their omission, or vice versa. Or, regardless of whether injury is caused, the behavior was done with the goal to significantly hurt a child’s physical or mental health. Any act that is cruel to a kid, whether or not it results in injury, and is carried out deliberately or willfully is regarded as first-degree abuse. There are significantly grave repercussions for this degree.
A Child Abuse or Domestic Abuse Allegation Have Consequences
Whether the allegations are true or are false, child abuse or domestic abuse allegations against another parent have consequences. It has, most especially on children.
Even when an accusation is ultimately proven false, there may have been years or even months of judicial drama. Typically, the children have heard one or both sides of the story, and on rare occasions, they have even been made to help fabricate lies. A minor child’s life is frequently and permanently changed when they experience emotional distress as a result of a lawsuit based on false allegations.
Imagine a situation where a child is asked to create evidence for the police and then, as a result of these accusations, the child is responsible for her father’s incarceration. For the remainder of her life, the child will feel guilty about her father’s imprisonment.
Not only will the child go through all of that, but guardian ad litem visits to their school will subsequently stigmatize the child.
A guardian ad litem, often known as a “GAL,” is an attorney appointed by the court to carry out an investigation and deliver the findings and recommendations to the court. The investigation, report, and recommendations all take the child’s best interests into account.
A GAL may be appointed to represent someone who is incarcerated, under the age of 18, or who lacks legal capacity (such as a person with a mental disability).
You have to consider the impact of portraying one parent as a monster in a child’s eyes. Why would a parent act in that way? All of those things listed above don’t they constitute child abuse?
When child abuse is reported to Child Protective Services or CPS, a number of procedures are initiated to look into and confirm the abuse. CPS has 30 days to complete its inquiry, barring exceptional circumstances that warrant a longer period. CPS must launch an inquiry after receiving a report of child abuse within 24 hours.
You don’t want to involve CPS too soon after your child complains that your ex-partner is abusing them. Talk to your child about it. Work it out with your ex. You could also look for expert assistance outside of CPS and the court.
So, in situations which appears to be child abuse, be discerning and not jump into conclusions.You also don’t want to be the parent that cried “wolf” in this situation. You want to establish your credibility in court. Hurling hasty child abuse allegations may not be the best way to do it. A candid talk with your ex may help clear things up and not blow things into disastrous proportions.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.