Child Abuse Allegations and the Divorce Process

Dealing With Child Abuse Allegations in Divorce

Child abuse allegations affect the whole family, especially in divorce. In particular, child abuse will affect custody. The judge will consider many factors when deciding on custody; abuse or neglect allegations would be at the top of that list. If the allegations are supported by signs of physical trauma, psychological problems such as parental alienation, poor social bonds, or aggressive behavior, custody is likely to be a disputed issue in the divorce. Because custody will affect parenting time and child support, it is easy to how disruptive a child abuse allegation can be to a divorce case.

The courts want to make a decision that is in the best interests of the child. This doesn’t necessarily mean the abusive parent won’t get to see the child. It does mean, however, that his or her contact with the child may be limited and supervised for some period of time. The court can order that all parenting time be in public places and can prohibit overnights. The court can also require the abusive parent to attend counseling sessions or other mental health services. Sometimes, a parent will have to complete this requirement before having parenting time. The court will usually try to find a way to allow limited visitation for a well-meaning and motivated parent while still protecting the child.

Seek Advice and Guidance

Child abuse allegations can affect many areas of your divorce. Such an allegation may affect custody, parenting time, and child support. It could also involve the Division of Child Protection and Permanency, which is New Jersey’s child welfare agency. Such an investigation could quickly complicate a divorce. You may want to speak with an experienced New Jersey family law attorney about your case. Whether the allegations are against you or the other parent, you need an advocate on your side. You should handle your case carefully to protect your rights as well as your child’s rights. The final custody determination needs to benefit the child both short-term and long-term. An attorney can advise you of your rights and help you make a request for custody that looks out for your child’s best interests now and in the future. And, if the court requires you to do certain things to have visitation with your child, an attorney can help make sure those orders are fair and reasonable.


Are you going through a divorce and have questions about child abuse allegations? Williams Law Group, LLC can assist you with your divorce case and help ensure a custody determination that protects your child. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at, or contact us through our confidential online form to schedule a consultation and ultimately get connected with an experienced New Jersey divorce and child custody attorney.


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