How Does an Abusive Mother Affect Child Custody Decisions?

 Posted on July 15, 2024 in Child Custody

Custody battles between divorcing parents can be brutal for all those involved. When abuse has been a part of a couple’s marriage, parenting, and even the divorce, every choice made on behalf of the child may have added layers of complexity. An abusive mother can certainly affect the outcome of a child custody decision, although the specific details will determine to what extent.

When abuse by the child’s mother becomes a factor in a family law court, it is essential that the father has an experienced Rolling Meadow child custody attorney from Law Offices of Donald J. Cosley. A lawyer fighting for the rights of the father and the child is essential to obtaining the best possible outcome.

Could an Abusive Mother Get Primary Custody of the Child?

Although anything can happen when child custody is at issue, if the abuse has been documented and proven, it is unlikely the court would give the abusive mother primary custody. Should the judge determine a risk of abuse exists, the father will likely be given sole physical and legal custody, while the abusive mother will receive limited visitation or even supervised visitation.

If criminal charges have been filed against the mother regarding child abuse, even if the mother is convicted of the charges, she would remain the child’s legal parent. As the child’s legal parent, the mother has the right to seek custody and visitation, although the judge will base every decision on the best interests of the child.

It could be determined that the best interests of the child are best served by maintaining a relationship with the mother, or, in extreme cases of abuse, the mother’s parental rights could be terminated. Family courts take allegations of abuse very seriously. Despite gender biases, which are more likely to believe a father would abuse a child than a mother, the court will always err on the side of what is in the child’s best interests.

Does Verbal Abuse Count as Abuse During Custody Decisions?

While verbal abuse can be harder to prove than physical abuse, it is abuse, and it is harmful to children. When evidence exists that either parent routinely screams criticism or obscenities at a child, this could definitely count against that parent where custody is concerned. Along with how the parent talks to the child, a parent who constantly says negative, untrue things about the other parent is also a concern to judges.

This is known as parental alienation and occurs far too often among divorcing and divorced parents. If a mother is in danger of losing custody because of abuse, she may retaliate against the father by attempting to turn the child against him. This could come in the form of telling a child that "Daddy does not love you or want you."  

Keep Careful Records to Prove Abuse by the Child’s Mother

It is important to keep careful records that document the abuse by the mother. If there are others who have witnessed the abuse, your attorney may call them as witnesses. If the abuse is documented through the criminal courts, this will be important information. Physical abuse should always be documented with photographs and medical records. Threatening text messages or emails should never be deleted. If a protective order was taken out because of the mother’s abuse, this would be an important piece of evidence.  

While it can feel as though courts always favor the mother in custody situations regardless of the facts of the case, this level of gender bias is no longer common. The judge will make decisions for the child based on his or her best interests, and it is rarely in a child’s best interests for an abusive parent to have primary custody.

Schedule Your Free Consultation with an Arlington Heights, IL Child Custody Lawyer

Child custody issues are often one of the most contentious parts of a couple’s divorce. When you choose a strong Rolling Meadows, IL child custody lawyer as your advocate, the custody decisions are likely to be fairer and more balanced. After choosing a family law attorney from Law Offices of Donald J. Cosley, you can be sure that all aspects of your case will be handled by the attorney. When you call with questions, you will speak to the attorney directly and will never be passed off to a paralegal or other staff member. Call Law Offices of Donald J. Cosley today at 847-253-3100 to schedule your free consultation.