Pushing Back Against Allegations of Child Abuse During a North Carolina Divorce

Allegations of child abuse can be particularly challenging during a North Carolina divorce, especially when you know for a fact that you did absolutely nothing wrong. Unfortunately, divorce and the threat of losing parenting time can make spouses do strange things. The only thing you can do in this situation is to push back against the allegations and fight for your rights as a parent. An experienced family law attorney in North Carolina may be able to help you with this, and you can assess potential strategies during a consultation with a legal professional.

You might face allegations of child abuse during or after a divorce in North Carolina. If you face child abuse allegations during your divorce, your ex’s goal is probably to prevent you from spending much time with the children in the future. For example, your ex might claim that you beat the children during the marriage.

If you are facing these allegations long after your divorce has become final, this might be part of a custody modification petition. In other words, your ex will try to argue that circumstances have changed because you started abusing the children. For example, you might share parenting time in a roughly 50/50 manner after your divorce. If your ex successfully proves you abused the children while they lived with you, your ex could gain sole physical custody. You may then have only supervised visits with the children in the future.

According to North Carolina Child Protective Services, child abuse and neglect have very specific legal definitions. A parent may be guilty of child abuse or neglect if they allow their child to suffer a serious injury. Although parents can escape legal consequences for certain types of accidents, injuries that arise from a lack of proper supervision could cause legal issues. You might also face abuse or neglect allegations if you create a situation in which your child is likely to become injured.

Perhaps the most obvious example of child abuse is cruel or “grossly inappropriate” forms of discipline. While you are allowed to physically discipline your child, you cannot go overboard. If the family court believes that you went too far, you could face abuse allegations. Examples might include hitting your child with a stick or locking them in an enclosed space as punishment.

Another example of abuse and neglect is the encouragement of inappropriate behavior. For example, you might congratulate your child on successfully stealing chocolate from a corner store. You might also encourage them to engage in risky sexual encounters with other minors. Any act of “moral turpitude” could lead to abuse allegations if you encouraged it, allowed it, or approved of it. Finally, you could face abuse allegations if you allowed your child to become involved in human trafficking or sexual servitude.

Neglect is slightly more complex because it involves the absence of proper parenting rather than inappropriate forms of parenting. For example, you might fail to supervise, discipline, or care for your child. You might leave them alone in your home for long hours. Perhaps you failed to take them to the doctor when they obviously required medical attention.

Your home might also be unfit for your minor. Perhaps it is infested with pests, or maybe there is a problem with mold. Perhaps the floorboards and stairs are falling apart, and your child is likely to suffer injuries as a result.

If your spouse has accused you of abuse or neglect, they must prove it with a “preponderance of evidence.” This equates to an approximately 50% chance (or more) that you actually committed the abuse or neglect. If your ex cannot meet this threshold, then the family court should assume that you didn’t do anything wrong. This aligns with the age-old legal principle of “innocent until proven guilty” in the United States.

Child abuse allegations are never easy, especially when you’re on the receiving end. Fortunately, the burden of proof should prevent your ex from much success if these incidents had never occurred. With help from an experienced family law attorney in North Carolina, you can push back against false accusations, expose inconsistencies in your ex’s story, and cast doubt on their evidence. These steps may ensure that you spend plenty of time with your children after a divorce or breakup. Contact Arnold & Smith, PLLC, today to learn more about your options.