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Child Abuse Custody - When Psychiatrics and Family Law Collide

By Dr Jeanne King PhD

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Published: 27Sep2010
Word count: 528
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"My child is being abused at her father's home. When she reaches out to mental healthcare providers and I reach out to my attorney, all hell breaks lose and the helpers can't tell what's really going on." Sound familiar?

Most people realize that mental health and family law need each other, but fail to recognize how the actions of one blind the other in the context of child abuse custody disputes.

Child Custody and Domestic Violence

Custody disputes are central to family law and when one parent sees it fit to pursue custody, the battle begins. Now in most cases (barring domestic violence divorce), this warfare genuinely serves to protect the minor children.

In cases of family violence, however, it is all about control. The controlling litigant seeks to maintain control over the family by obtaining custody of the children. And sadly, the trends in family court are that this parent is more likely than not to prevail. The unfortunate net result is that the court endorses the domestic abuse dynamics and their actions serve to perpetuate the cycle of family violence...both at home and in court.

With this arrangement, we can expect the child abuse to show itself in family court, again and again. The placement of an abused child in his/her abusive parent's custody is fertile ground for another custody battle when finances allow.

The abuse to the child invariably continues behind the custodial parent's closed doors. And the knowledge of it leaks out into the protective parent's home during visitation.

As time goes on, the tension builds... The child continues to be abused and the protective parent continues to worry about the well-being of their abused child.

The Collision of Mental Health and Family Law

Now, as one might expect there is a climax coming and it generally presents in the form of a psychiatric hospitalization for the abused child. This hospitalization can be inspired by the abused child acting out or by the abusive parent throwing the towel in...and giving up.

What the healthcare providers see is the leftover havoc of child abuse custody. Here's how it unfolds from this point.

Once the declaration is made that the abused child is compromised in the custody of the abusive parent, then the protective parent charges in to ask the court to modify child custody.

But this request can then become the abusive parent's club to influence the healthcare providers, diverting their attention from the child abuse. Suddenly, it is not clear to them if they are dealing with a child compromised by the polarization of the child's parent's dispute or by the hands of the child's abusive parent.

Instead, we are left with the collision of family law and psychiatrics. And the abused child falls between the cracks of these colliding systems.

If you are in a post divorce custody dispute, be mindful of the right and wrong way to interact with mental health. Your knowledge of this will help the healthcare providers recognize your abused child's reality for what it is, rather than being confused by the custody combat.

For more information about mental healthcare and domestic violence divorce, visit: http://www.preventabusiverelationships.com/crazy_making.php and claim your Free Instant Access to Survivor Success eInsights. Dr. Jeanne King, Ph.D. helps people nationwide recognize, end and heal from domestic and legal abuse. Copyright 2010 Jeanne King, Ph.D. - Domestic Violence Prevention and Intervention

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