Kainen Law Group Main Site Navigation

Why verbal abuse does not impact child custody decisions

Despite the fact that it can have a lasting impact on a child's life, the majority of family court judges tend to share in the belief that verbal abuse should not have an impact on their child custody decisions. In case you're wondering why this is the case, it's important to look no further than to the United States Constitution and its First Amendment.

As convoluted as it may seem, judges hold in high esteem the protection of an individual's freedom of speech, even in cases in which that means that they are supporting verbal abuse.

Many strict supporters of the constitution would argue that making verbal abuse illegal would ultimately have the effect of restricting our freedoms of speech in other areas. This could ultimately impact the word choices we would be able to use in public and through different mass media venues.

If verbal abuse were to be made illegal in the home, families would risk having their government tell them what they're allowed to say in private. While nobody would want that freedom to say whatever they want taken away from them, many argue something has to be done.

Studies have shown that verbal abuse paves the way to domestic violence. This is why it's important that the non-abusive parent doesn't cower in the face of threats. They should remain vigilant and report any escalation in abuse to proper authorities as soon as it occurs.

It's also important to note that those working with children in both the private and public sectors are, in many cases, charged with reporting any suspected instances of violence to proper authorities. Their notes and testimony can be used to sway a judge in more contentious cases. Additionally, if social services is forced to become involved in a custody case, their involvement can definitively carry significant weight with a judge as well.

While accusations that your child's other parent has been verbally abusive with or in front of your child cannot, in itself, adversely impact custody decisions, the testimony of trained professionals can. Instances that escalate from verbal to physical abuse can definitively impact custody as well.

If you're concerned about your child's welfare, first contact either law enforcement or child services and then seek out the guidance of an experienced Las Vegas child custody attorney.


Source: Kainen Law Group, "Las Vegas Child Custody Lawyer," accessed June 02, 2017

No Comments

Leave a comment
Comment Information