Proving Emotional Abuse When Determining Allocation of Parental Responsibilities

 Posted on May 09, 2017 in Child Custody

The legal definition of domestic abuse is not limited to physical attacks. A spouse or parent can verbally abuse others through harassing and demeaning behavior. Examples of emotional abuse include:

• Insults;
• Foul Language;
• Threats;
• Intimidation; and
• Words meant to humiliate or isolate someone.

During a divorce, one parent may argue that the other parent is abusive and should have limited time with their children. Even without a criminal conviction, the court can consider a parent’s abusive nature in determining the allocation of parental responsibilities. However, emotional abuse is more abstract than physical abuse because there are no visible injuries. You must plan how you will present your evidence in order to prove that your spouse is emotionally abusive.

Evaluations

During a divorce case, you may request or the court may order a professional evaluator to help determine the best interest of the child in allocating parental responsibilities. The evaluator is often a licensed psychologist, who can recognize signs of abuse while interviewing you, your spouse and your children. After completing multiple interviews, the evaluator will present a recommendation on how the court should allocate parental responsibilities.

If you are concerned about your spouse’s mental condition, you can request a psychological examination. The court may consider as evidence a report from an impartial medical examiner on your spouse’s mental wellness.

Testimony

If others have witnessed your spouse’s emotional abuse, they may testify on your behalf in the case. It can be difficult to find a credible witness who will agree to testify:

• It is important that the person provides a first-hand account of the abuse, as hearsay is not strong evidence in proving your case.
• If the person is a mutual friend of you and your spouse, he or she may feel uncomfortable getting involved in your legal battle.

If you are seeing a therapist or domestic violence shelter advocate, he or she may be willing to testify. A professional can give a third-party perspective on your story and better explain the effects of the abuse.

Your Children

The court is allowed to interview a child about his or her preferences in the allocation of parental responsibilities. A child can help protect him or herself from an abusive parent by requesting that the other parent receive primary parenting time. However, you must judge whether your child can emotionally handle the interview. Your child will be under pressure to answer questions and choose between parents.

Protection Against Abuse

Courts will allocate parental responsibilities based on what is in the best interest of the child. If your spouse is emotionally abusive, you must explain why his or her parental responsibilities should be limited. A Kane County divorce attorney at Goostree Law Group can advocate for your rights and your children's protection in the allocation of parental responsibilities. Call 630-584-4800 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000