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How to Prove Emotional Child Abuse for Custody

Gaining full custody rights of a child is not an easy, but it can be possible depending on certain issues, such as emotional abuse of the child. Although nobody wants to see a child undergo any type of abuse, a person must prove the abuse occurred to legally gain custody rights, even though the process might take a considerable amount of time.


  1. Research the laws in your country and state to determine if the abuse actually classifies as emotional abuse. You will also want to figure out if any other types of emotional abuse have occurred, such as harming a child's possessions or pets.

  2. Speak to the child about the abuse that occurred. Make sure that there is not a chance of immediate danger to the child.

  3. Talk to adults who interact with the child on a regular basis. Teachers, the principal and parents of the child's friends may notice changes in child because of the emotional abuse. These people might witness emotional breakdowns, the child becoming distant and behavioral problems arising. The testimony or deposition of these individuals will help to prove that some form of abuse did occur.

  4. Take the child to see a psychiatrist who specializes in helping children who undergo abuse. He or she may open up to the psychiatrist about events that you may not have known about. In addition, the analysis of a professional assists in proving the case.

  5. Prepare a timeline of abuse. Gather dates, important events and anything evidence that supports your case. You are proving both that emotional abuse happened and it affected the child negatively.