What You Need to Know About Abuse in Child Custody Cases

Custody disputes can get ugly. Add an allegation of abuse, and suddenly a fight over holidays and pickup times can become a much more serious legal matter. Maryland law gives courts specific rules for addressing abuse and neglect. When there are allegations of abuse in child custody cases, the question is no longer simply which parent gets which weekends. A judge may have to decide whether a child can safely spend time with a parent accused of abuse.

Key Takeaways

• Child abuse can be physical, emotional, psychological, or sexual.
• Physical injuries are not necessary to prove abuse.
• The court must order a custody arrangement that protects the child and abuse victim.
• A court may deny custody or order supervised visitation when a judge finds abuse occurred.
• A protective order can impact custody arrangement orders.

How Does Maryland Define Abuse?

Abuse is a serious allegation that goes beyond unpleasant, inappropriate, or contentious parenting. It can take many forms under Md. Code, Fam. Law § 5-701(b). It’s much more than a parent physically injuring the child. In addition to physical abuse, abuse can also be mental. These actions could harm the child’s health or welfare or put the child at substantial risk of being harmed. Maryland’s definition of abuse can also include sexual abuse. There doesn't need to be physical injury with this type of abuse.

Mental abuse can be hard to determine and prove. Generally, when evaluating allegations of mental abuse in child custody cases, courts look for observable, identifiable, and substantial impairment of a child's mental or psychological ability to function. The child’s condition can be directly connected to the parent’s intentional act or series of acts, regardless of whether the parent intended to cause the child injuries.

Importantly, Maryland law now requires specialized training for judges and magistrates who handle child custody cases involving child abuse or domestic violence. The training addresses topics including child trauma, abuse investigations, domestic violence, and the effects of abuse on children.

How Does Abuse Affect Child Custody in Maryland?

When a court makes a ruling about a child’s legal and physical custody, it prioritizes the child’s best interest. Decisions are made to protect the child’s well-being, health, and safety. Abuse directly threatens these things. Established parental abuse is one factor among many that the court will take into consideration. Under Maryland family law § 9-101.1, the court is required to consider evidence that a party has abused the other parent of the child, a party’s spouse, or a child living in the household.

When a court finds abuse in child custody cases as defined by the statutes, the custody and/or visitation arrangement may be adjusted. The goal is to protect the child and the victim of the abuse.

What Happens When a Parent Is Accused of Abusing the Child?

The court takes its role seriously, aiming to establish a custody arrangement that supports the development of the child. This includes having a healthy relationship with both parents. If the court has reasonable grounds to believe that abuse or neglect took place, it must investigate further. It needs to determine if the abuse is likely to occur in the future if that parent is granted visitation.

Under Md. Code, Fam. Law § 9-101, if the court determines that there is no likelihood that the abuse or neglect will occur, the court will grant custody. However, if the court doesn’t make this determination, then the court must deny custody or visitation to that parent. Depending on the situation, the court may grant supervised visitation instead per Md. Code, Fam. Law § 9-101. This enables the parent to maintain a relationship with the child while also protecting the child’s physical, emotional, and psychological well-being.

What If the Allegations of Abuse Are False?

A parent being accused of abuse in a child custody case may disagree with the allegations. The court doesn’t automatically accept claims of abuse without supporting evidence. In addition, the accused parent has a right to defend themselves. The court may hear testimony from both parties and review the evidence. Gather documentation that can support your claim of or defense against abuse, including:

• Medical records
• School or daycare records
• Photographs
• Text messages and emails
• Witness testimony
• Police reports
• Child protective services records, where applicable
• Existing protective orders or court records
• Other documentation relevant to the alleged conduct

False, exaggerated, or misunderstood allegations can affect the parent-child relationship and can backfire in the custody litigation itself. Parents should focus on providing fact-based testimony while avoiding responding emotionally or attempting to take self-help measures of retaliation.

Can Domestic Violence Against a Parent Affect Custody?

Abuse in child custody cases doesn’t have to be against the child whose custody is being considered. Maryland law expressly addresses situations where the abuse is against the other parent. If the court determines that abuse, such as domestic violence, took place, then the court must establish a custody arrangement that protects both the child and the victim parent.

Domestic violence situations can complicate co-parenting arrangements. Activities like joint decision-making and direct communication can become difficult or even unsafe. Child exchanges may require specific arrangements to ensure the parties’ safety.

What Role Can a Protective Order Play in a Custody Case?

A parent who is the victim of domestic abuse may seek a protective order from the court. Maryland law permits an eligible person to file a petition alleging abuse. The process can result in temporary or final protective relief. This process is a separate legal function from custody proceedings. However, a court-granted protective order may affect temporary custody or visitation arrangements. It may also be used as evidence in showing the court a pattern of domestic abuse.

Can an Existing Custody Order Be Changed Because of Abuse?

A custody or visitation order can be modified, but only when there is a material change in circumstances related to the child’s needs or the parent’s ability to meet those needs. The proposed modification must be in the child’s best interest. In accordance with this, newly discovered abuse or a new incident could be considered a qualifying material change. Each situation is different, so the court will evaluate the facts and existing arrangement before making a ruling for modification.