Which Parent Do Courts Favor in Abuse Situations?

Abuse allegations during a custody battle are, unfortunately, not uncommon. When an allegation comes into a courtroom in North Carolina, the judge must carefully look over the evidence and make a ruling that he or she feels is in the best interests of the child. According to American University Radio, studies show that in most cases, the court end up favoring the father even if he is the one with the abuse accusations.

This may seem odd that a child would accuse his or her father of abuse and then the court gives custody to the father. The goal of the court should be to protect the child. This does not seem like it is protecting the child.

Why this happens is because abuse accusations also usually come with parental alienation accusations. The parent accused of the crime says it is a lie and only manipulation on the other parent’s part to keep the child away from him or her. Parental alienation is a huge issue that judges often feel strongly about. With the law quickly changing to favor a balanced approach to child custody, the idea that one parent would try to cut the other out of a child’s life through using false accusations is one that courts do not mess around with. If they have a hint of parental alienation, the parent making the accusations typically loses.

This favoritism is an overcorrection of the way courts used to work where they would award mothers custody most of the time. There is a need to find balance, though, to ensure real abuse victims do not end up with the abusive parent just because of mistaken beliefs by the court. This information is for education and is not legal advice.

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