Child Abuse charges during divorce will change the divorce and child custody process in Tulsa. Many people know that divorces can become nasty. Take for example the recent divorce proceedings between Brad Pitt and Angelina Jolie. The pair has six children together. When the news of the divorce broke, allegations of child abuse were directed at Pitt. Later exonerated by the FBI, this was still damaging to his public persona and reputation. While this is a high-profile example, bogus accusations of child abuse are often a tool used by spouses in divorce proceedings. We will take a look at how child abuse affects a divorce and how bogus charges cause problems in custody.
Child Abuse Statutes
The statutes governing child abuse law are in Title 10A. Abuse, as section 1-1-105(2) defines it is the threat of harm or actual harm to the health, safety, or welfare of a child by an adult responsible for the child. This means that any person who is supervising the child can be eligible for abuse charges if they harm the child during the period of supervision. Some people subject to this are: Parents, Step-Parents, Babysitters, Daycare Workers, etc.
Further, the section also defines “Harm or Threatened Harm”. Essentially, the abuser must know they will hurt or are hurting the child and do it anyway. So it must be intentional. This can happen in several ways. Children can face verbal, physical, or psychological/emotional abuse. Neglect is also a form of abuse in Oklahoma. People who know of abuse and do not protect the child or report the abuse are also eligible for criminal charges.
Consequences of Child Abuse Charges During Divorce
Child abuse is a serious crime that has an extremely negative social stigma. Child abuse convictions are felonies. These could easily result in fines approaching $5,000 and up to life in jail if the abuse is severe enough.
SEE OUR ARTICLE ON HIGH CONFLICT DIVORCE HERE.
But what happens if the charges are false? Well, the State still has to investigate the charges and determine they are bogus. This means you will lose temporary custody of your child. The child will stay with a family member or other state appointed guardian until the charges clear. Obviously, this could be extremely detrimental if you are going through a divorce and custody process.
We Can Help You With Child Custody
If you are facing child abuse charges during divorce, call our child custody law offices. Bogus abuse charges during a divorce or child custody case are more common than you think. We have helped many clients in this situation. Call our office in Tulsa for a free consultation 539.302.0303.
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