According to a study conducted by the American Psychological Association in 1996, domestic abusers seek custody of children at higher rates than nonviolent parents. This is likely because abusers see this as a way to maintain control over their victims, both the co-parents and the kids. Unfortunately, other studies also indicate abusers succeed 70 percent of the time in getting custody when they ask for it. This is why it’s critical to hire a child abuse attorney in Green Bay, WI to help prevent this from occurring.
Why Courts Fail Children
There are a variety of reasons why the courts end up awarding children to abusers. The primary reason is the court may not order assessments that can uncover signs of abuse because these tests can be costly and time-consuming. Even if an evaluation is done, the court may not accept or use the results, especially if they are not conclusive or cast doubt on the claims of abuse.
A battle of evidence may also impact court proceedings: each side may have a lot of evidence and a gaggle of experts supporting their claims, and the custody decision will boil down to which side is more convincing. In this situation, cultural and societal biases may be factors influencing each side’s odds of winning. For instance, if one parent is gay, a judge my intentionally overlook evidence of abuse to award the heterosexual parent custody because of ingrained personal biases.
Keeping Children out of the Hands of Abusers
It may be challenging to stop a court from giving custody of a child to an abuser, but it is not impossible. Having evidence of abuse, such as pictures of injuries or video recordings of beatings, can be immensely valuable. Also, findings from investigations by Child Protective Services or police reports from domestic violence incidents can also help demonstrate the person’s history of abuse. Third-party investigations by a neutral person may also uncover useful information.
A child abuse attorney in Green Bay, WI can be a powerful ally who can assist with finding evidence and presenting a compelling case to the court. Click Here to contact one nearby.
