Proving Emotional Abuse in Child Custody Cases

Proving Emotional Abuse in Child Custody Cases

Proving Emotional Abuse in Child Custody Cases


When it comes to child custody cases, the safety of the child should always be top priority for both parents and the courts. As such, it is important to take action if you suspect that a coparent is emotionally abusing your child. Unfortunately, proving emotional abuse can be tricky since there are no physical signs of harm. In this blog post, we will discuss how to prove emotional abuse in a child custody case.

Gather Evidence

When filing a claim of emotional abuse against the other parent in your custody case, you will need to have evidence to back up your claim. This could include text messages, emails, or any other evidence that points to verbal or emotional abuse. Keep in mind that hearsay is not admissible as evidence in court, so make sure all your evidence meets the legal requirements and has been obtained lawfully. It is also important to document any conversations you have with your child about their experiences with their coparent. This can help strengthen your case when presenting it in court.

Consult with Professionals

It can be difficult for family members and friends to recognize signs of emotional abuse since they are typically not trained mental health professionals or law enforcement personnel. To ensure that all bases are covered when trying to prove emotional abuse in court, it may be beneficial to consult with professionals such as social workers or therapists who specialize in dealing with instances of domestic violence and/or trauma caused by emotional abuse. They can provide valuable insight into the situation and offer support for both parent and child throughout the process.


At Ilvento Law Firm, we understand how challenging it can be for parents facing an allegation of emotional abuse from their coparents during a custody battle. We are here to provide compassionate yet effective representation when you need it most—from filing motions and gathering evidence through trial preparation and resolution strategies—so that we can protect our clients’ rights while advocating for what is best for their children’s wellbeing and future success. If you are seeking an experienced child custody attorney in Orlando, contact us today for more information on how we can help you navigate this difficult situation with confidence and peace of mind.

To Top