Involved in Child Abuse Allegations?
Counsel from a Birmingham Divorce Attorney
Child abuse and negligence can be a felony in Alabama and, as you might
imagine, can have a significant effect on a child custody hearing. The
state has strict child abuse and family law protections for
divorce procedures. This means whether you’re accusing your spouse or are
being accused, it is extremely important to understand what is insinuated
with these charges and how it can affect your role as a parent.
At the
Law Office of Zach Horsley, LLC, I have seen how child abuse accusations complicate the already emotional
divorce process. With so much on the line in these instances, it is critical
that you seek competent, assured representation. I fully sympathize with
those who must report child abuse, yet I also know false allegations can
also occur. My main focus is to represent the best interests of you and
your child, ensuring that your voice and concerns are heard in court.
Effects of Child Abuse on Parental Rights
If a parent has already been found guilty of child abuse in another court,
then a “rebuttable presumption” is often presumed by the divorce
judge. This most usually requires the accused to demonstrate how they've
recognized past charges and made steps rehabilitate.
In cases were the child abuse accusation is brought up during the divorce
hearing, then it is likely the judge will intervene with a court-appointed
therapist to assess any evidence. A judge is also very likely to appoint
a guardian ad-litem to represent the child’s best interest and be
an advocate for the child. The guardian ad-litem recommendation will bear
major influence on the judge’s decision. I have been appointed as
guardian ad-litem in many family court cases. These are some of the most
serious accusations that can occur in family court, as any trace of abuse
can greatly affect the parental rights of the suspected individual.
A parent found to be abusive:
- May not receive physical and/or legal custody of the children
- May get reduced or terminated visitation rights
- May have all parental rights terminated
Don't Face This Situation Alone
Confronting abuse or an abuser can be a frightening and traumatic experience,
even in court. Additionally, if you've been accused, you may feel
like you're at an insurmountable disadvantage in court. My years as
a Birmingham
domestic violence lawyer have equipped me to navigate these difficult situations. I'm
ready to use this experience to assist with your case and resolve your concerns.
In light of child abuse accusations, make sure you do not go through family
court alone.
Call the Law Office of Zach Horsley, LLC to work with my firm today.