Georgia’s child custody statute specifically requires that a court in a child custody case to consider a child or a parent who is a victim of family violence, and to consider the history of a parent’s sexual, mental, or physical child abuse.
In any such case, it is critical that the child is given a competent forensic interview using a sexual abuse forensic interviewing technique to avoid any possibility of tainting the disclosure and interview of improper suggestivity.
As an example, the use of RATAC forensic interviewing protocol provides greater credibility to the process, and potential attacks that the interviewing process was biased. This is a critical aspect of any child sexual abuse case involving child custody issues in the State of Georgia.
Remedies available include obtaining emergency motions, orders for protection, and emergency custody of children, having psychological, psychiatric, and psychosexual exams ordered on the perpetrator, and suspending visitation in some cases, and in other cases allowing for supervised visitation only.
Child sexual abuse offenders often “groom” their victims, and use weapons such as “niceness” as an example, much less trust and love that the child may have for the perpetrator of child sexual abuse.
It is essential to work with police, DFACs, social workers, forensic interviewers and other expert witnesses to put on your best child custody or visitation case where child sexual abuse is involved.
Witness tampering, intimidation, and obstruction are often issues in child sexual abuse cases, particularly if the family member is the perpetrator.
The perpetrator may use, beyond sympathy and other psychological manipulation, guilt to prevent the child from reporting abuse, guilt of breaking up the family, or the shame involved in sexual abuse child custody and visitation cases.
These issues must be responded to.
Shaw Law Firm has represented many clients in cases involving domestic violence, child sexual abuse and molestation, and cases in which mental health issues are prevalent. This is what we are here for. We protect children who have been sexually or physically abused in child custody and visitation cases in Georgia, and we defend parents who have been falsely and wrongfully accused in child custody and visitation cases.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.