Impact of Child Abuse Allegations in Child Custody Proceedings

If an accusation of child abuse or neglect arises during a civil proceeding involving the child's parents, whether a divorce, paternity or other proceeding in which child custody and visitation decisions are made, it will affect that proceeding. Until the report is investigated, decisions regarding the child's custody and the rights of visitation may be delayed. If the parent with custody of the child is named as the abuser or neglector, the child may be placed with the other parent, relative, or foster care.

The report of child abuse or neglect will be screened by the appropriate agency. Often such allegations may be closed at that point. If the allegation is not closed through screening, a social worker or police officer will investigate the claim shortly after the report is made. At a minimum, the investigator may interview the child's parents, doctors, and the child. In most states, the investigating authorities have the power to remove the child from the custody of the alleged abuser without a court order, if the child is in imminent danger. If the child is not in immediate danger, but the potential for harm is present, they can seek a court order allowing them to remove the child from the home.

A child welfare proceeding may result from the investigation. Most state statutes require that a court hold a hearing within a short time to determine who will have custody of the child during the child welfare case. If the child is already in the custody of an accusing parent, the investigation will proceed and a custody hearing may not occur. Depending on the results of the investigation, a criminal proceeding could be filed against the alleged abuser or neglector, who will be arrested, processed, and arraigned. The criminal case will then proceed at the same time as the other proceeding regarding the child.

The state agency, known in different states as the Department of Social Services, Child Welfare, or Children and Family Services, has primary responsibility when an allegation of child abuse or neglect is made. Most states have mandatory child endangerment reporting laws. Doctors, nurses, teachers, mental health workers, law enforcement personnel, and attorneys, who suspect or receive a report of abuse or neglect, are required to report their suspicions about the child endangerment. Those reports trigger the investigations that may lead to child protective services or criminal prosecution. The reporting laws help to identify and protect children, who are in danger of being neglected and abused by their parents.

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