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Kaye, Lembeck, Hitt & French Atlanta Family Law Attorney

The Most Reliable Evidence of Child Abuse in an Atlanta Divorce

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If you need to prove child abuse during an Atlanta divorce, you’re probably extremely concerned about the well-being of your young ones. Successfully proving that child abuse has occurred during the marriage means that you could walk away with primary custody. If your ex is a legitimate threat to the children, they may only be allowed supervised visits. But how exactly do you gather the most reliable evidence in this situation? Could a child custody attorney in Atlanta help?

Consider Medical Records 

Medical records are always quite reliable when it comes to evidence. These records are created by doctors who are trained to focus on the facts and offer a relatively bias-free perspective. Doctors may also speculate about the potential cause of certain injuries. Some injuries may be consistent with family violence, such as bruising and contusions. A skilled doctor might be able to tell the difference between an injury caused by a fall, and an injury caused by the fist of an angry parent.

Consider Police Records 

If the other parent has ever faced consequences for past instances of child abuse, you can simply access police reports and other documents to back up your claims. Note that you can use this evidence even if the other parent was never convicted of a crime. In criminal cases, prosecutors must prove guilt “beyond a reasonable doubt.” But in a civil case like a child custody case, you only need to show a “preponderance of evidence” to support a child abuse allegation, which is a lower standard of proof.

Aside from police reports, you might also request statements from officers who visited your home while responding to domestic violence incidents. You might even gain access to their bodycam footage. This evidence may show that it is “more likely than not” that your child suffered some kind of abuse at the hands of the other parent.

Find Other Witnesses 

Aside from police officers, other individuals might have seen evidence of abuse in the past and may be willing to provide their perspective. These might be neighbors, teachers, coaches, and so on. Your lawyer might be able to help you obtain sworn statements from these individuals.

Don’t Forget Emotional Abuse 

Remember, physical abuse is just one form of parental misconduct to consider. You might also find evidence of emotional or psychological abuse. For example, the other parent might have posted statements online about how you caused a divorce due to cheating. Regardless of whether the other parent is lying, these statements could fall under the category of “parental alienation.” A simple screenshot could become powerful evidence in your custody battle, so you might want to keep a close eye on your ex’s social media activities.

Can a Child Custody Lawyer in Atlanta Help Me? 

A custody lawyer in Atlanta may be able to help you prove child abuse. Even if it seems like there is no clear evidence of this ever happening, your lawyer could help you in ways you never thought of. Contact Kaye, Lembeck, Hitt & French to learn more about the potential next steps.

Sources: 

dfcs.georgia.gov/services/child-abuse-neglect

childwelfare.gov/resources/making-and-screening-reports-child-abuse-and-neglect-georgia/

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