Abuse In Child Custody Cases: What You Need To Know To Protect Your Children

Custody battles are hard for any parent, but a difficult situation can quickly become a nightmare when you are worried for the safety of your child. In a custody situation in which a child is being abused, parents have options to fight for arrangements that will shield their children from harm.

The attorneys of Z Family Law have years of practice helping parents reach custody arrangements that best benefit their children. When you work with us, we dedicate the full width and breadth of our team to resolving your legal obstacles. In court, we will advocate fiercely for your parental rights and offer our experience and compassion for every issue you face. 

In the case of custody cases involving abuse, we take the health and safety of your child seriously, which is why we have constructed this blog so you have a guide on the complexities of protecting your children with the help of the legal system. Read on to discover how abuse is defined in Maryland, signs to watch out for, and how to fight for a custody arrangement that will keep your children safe.

Disclaimer: This article is current as of October 2024, and all content is provided for informational purposes only. None of the information provided in this article, or elsewhere on this website, shall constitute or be construed as legal advice. For information specific to your individual circumstances, call us at (301) 781-7930 today.

How Child Custody Is Arranged In Maryland

When deciding child custody cases in Maryland, the court will evaluate many questions and concerns in order to determine an arrangement that is in the best interest of the child. “Best interest” is the standard by which custody arrangements are decided as judges seek to make decisions that benefit the physical, psychological, and emotional state of the child.

Therefore, if a child is being abused by a parent, it is of paramount interest to the court, who will work to keep the child protected from any familial threats. 

How Does Maryland Define Child Abuse?

The Code of Maryland Regulations recognizes a broad definition of child abuse and neglect, encompassing any physical injury of a child, failure to give proper care and attention to a child, sexual molestation or exploitation of a child, and any physical or psychological impairment of a child’s ability to function. Domestic violence with children in the home is also defined as child abuse, so if you are being abused, there are options for protecting yourself and your kids.

If the behavior of a parent falls within this definition of abuse, the court must be informed in order to intervene. 

Signs Of Parental Abuse Or Neglect

If you are uncertain whether your child is being abused in accordance with the above definition, there are several signs for which you should be on the lookout. 

• Changes in the child’s behavior, including depression or erratic functioning
• Physical marks or injuries
• Fear of being left alone with the suspected parent
• General debilitating fear or anxiety
• Increased aggression, violence, or anger
• Regressive behavior such as bed wetting
• Excessive crying
• Trouble sleeping
• Issues with eating or malnutrition
• Poor concentration or hyperactivity
• Destructive behavior
• Trouble connecting with people or making friends
• Self-harming behavior or substance abuse
• Poor performance in school or behavioral issues at school
• Fear of being touched or undressed
• Chronic health issues
• And more! Always stay aware of changes in your child’s behavior.

Not all of these signs point strictly to abuse, but if your child is displaying multiple symptoms, it could mean that an adult in their lives is a threat to their safety. If you notice these or any other potential signs of abuse, it is essential that you document them, including photographs, descriptions, and dates, and bring them to the attention of the court. 

Abuse In Child Custody Cases And Your Options As A Parent

For any situation in which you fear a child is being abused, calling 911 can render immediate results and potentially bring your child to safety quickly. You can also find resources through Child Protective Services in Maryland.

If you are the parent of a child going through a child custody case and suspect that your ex-spouse is abusing your child, alerting authorities can begin a paper trail that can be used as documentation in your court case. 

One of the most essential moves you can make to protect your child is to document all evidence of child abuse. If you recognize any of the signs and symptoms already outlined or notice any other types of concerning behavior in your child, document, document, document! Taking photographs, writing down dates and details, and receiving medical diagnoses, among other measures, means that you have something substantial to show the court when they begin their investigation.

If you have immediate concerns about the safety of your child, you can request a protective order that could give you sole custody of your child for a temporary period. If granted, a protective order can prevent your ex-spouse from making contact with you and your children, including requiring them to leave the home if the two of you still live together. The court could also award you temporary use and possession of shared vehicles, or even order your opposing party to pay you temporary support. 

If abuse is alleged in court, it is likely that the court will conduct their own investigation of the abuse while considering the evidence presented. The investigation might include medical personnel, such as doctors and child psychologists, who are qualified to determine if abuse of your child has taken place. 

If the investigation and evidence bear out that one parent is abusive, the most likely result will be that the other parent is given sole custody and the abuser is denied visitation. However, this is not always the outcome, which is why it’s essential that you have capable legal counsel to argue persuasively in favor of the true best interest of your child.

Z Family Law Can Help You Fight For Child Custody

At Z Family Law, we know that you want the arrangement that’s best for your child. If you have concerns about child custody, whether abuse is involved or otherwise, we can help you through the specifics of your legal concerns and lead you to a resolution that will allow you and your child to thrive. Reach out to us to schedule a free case evaluation and learn how we can make a difference in your custody battle.