If there is child abuse concerning your children in your divorce you know how this can affect your child custody determination. In divorce proceedings in Utah child abuse allegations are taken very seriously. When you meet with your Utah divorce lawyer it is important to make sure that they know of the abuse. If your attorney knows about the abuse then your attorney will be able to introduce it to the court in the correct manner. Child abuse is not something that should be hidden from the Court. It is something that court needs to know in order to better protect the children and make sure the children have the best care possible. Child abuse is also an important consideration when deciding who gets custody of the child or children. As you can imagine child abuse can sway a judge if proven to give one parent custody over the other.
Utah Code 30-3-5.2 deals with allegations of child abuse in divorce proceedings. Utah Code 30-3-5.2 states:
30-3-5.2. Allegations of child abuse or child sexual abuse — Investigation.
When, in any divorce proceeding or upon a request for modification of a divorce decree, an allegation of child abuse or child sexual abuse is made, implicating either party, the court, after making an inquiry, may order that an investigation be conducted by the Division of Child and Family Services within the Department of Human Services in accordance with Title 62A, Chapter 4a. A final award of custody or parent-time may not be rendered until a report on that investigation, consistent with Section 62A-4a-412, is received by the court. That investigation shall be conducted by the Division of Child and Family Services within 30 days of the court’s notice and request for an investigation. In reviewing this report, the court shall comply with Section 78A-2-227.
“Evidence in child custody proceeding was insufficient to support trial court’s finding that child had not been sexually abused; although evidence failed to establish that child had been abused by father or mother’s live-in boyfriend, testimony of social workers indicated that child had been sexually abused by her half-brother.” U.C.A.1953, 30-3-5.2. Linam v. King, 1991, 804 P.2d 1235
“Husband’s request that trial court obtain investigative report on allegations of child abuse by wife was untimely, where husband did not request investigation until after court had decided case and awarded child custody to wife.” U.C.A.1953, 30-3-5.2. Riche v. Riche, 1989, 784 P.2d 465. This case shows the importance of bringing up the child abuse early in the case and not later when the custody has already been decided.
