I Suspect My Child Is Exposed to Domestic Violence in My Former Spouse's Home. What Should I Do?

 Posted on August 26, 2015 in Domestic Violence

If your child is not currently in your care, call 911 and report the abuse allegation to police right away. If your child is currently in your care, bring him or her to the hospital for an examination by a doctor. A doctor can note the signs of physical or sexual abuse. Determining if emotional or psychological abuse has occurred can be more difficult, but this type of abuse is as damaging to a child as physical or sexual harm.

Keeping your child beyond your allotted parenting time with him or her because you suspect he or she is being abused in your former partner's home is one of the only ways you can legally violate your custody or visitation schedule. If you need to do this, contact your attorney to record the date, time, and reason why you did not allow your former partner to spend time with your child. If your former partner takes legal action against you, you will need this record to prove that you did not violate your child custody agreement without a valid reason.

Never, under any circumstance, make a false report of child abuse in an attempt to slander your former partner. This can only complicate your child custody order and ultimately, reflect negatively on you and your parenting ability. Child abuse is a serious allegation – regardless of your relationship with your former spouse and feelings about him or her, it is never acceptable to falsely accuse an individual of abuse if you know that abuse has not occurred.

Protect Your Child

Get your child the help that he or she needs. Aside from a physical examination, he or she might need psychological counseling. Amid this professional intervention, be there to talk to your child. Encourage him or her to share his or her experiences and feelings with you. You are your child's greatest advocate.

Seek a Child Custody or Visitation Modification

If your child is in danger at your former partner's house, part of protecting him or her modifying his or her custody plan. You can do this by petitioning to the court to change your child custody order.

If your child is in immediate danger, you do not need to wait two years from the date of the original custody determination to alter it. You will need to prove to the court that your child is in danger and that a modification is necessary for his or her well being.

Family Attorneys in Kane County

For the legal support you will need with your child custody modification, contact Goostree Law Group to work with an experienced Kane County family attorney at our firm. When you call, schedule your free legal consultation with us. At your consultation, we will discuss your case and determine how to proceed. We are here to advocate for you and your child. Let us help you protect him or her.