In April, 1983, President Ronald Reagan established April as Child Abuse Prevention Month. For the past 23 years, April has been set aside as a time for communities to focus on ways in which to prevent child abuse. In a 2014 report, the U.S. Department of Health and Human Services, reported that for fiscal year 2014, an estimated 646,261 American children were victims of child abuse or neglect. The same report indicated that 1,580 children died as a result of abuse or neglect – a staggering four children who died every day from abuse or neglect. Children who survive are often at heightened risk for chronic health problems, mental illness, and incarceration. Experts estimate the financial cost from the long term consequences of child abuse is more than $100 billion a year. As a community and a nation, we can, and must, do better.

We can all agree that children deserve to live in a safe environment and should be protected from abuse and neglect. While no parent or care giver is perfect, everyone can learn child abuse prevention skills, such as to supervising toddlers carefully and learning how to work in the community to aid child abuse prevention.

What Role Does Child Abuse Play in Child Custody Cases?

Child abuse does play a roll in Missouri child custody cases. Missouri law requires a judge to make a child custody decision based on the best interests of the child. The judge makes a decision about what custody arrangement is in a child’s best interests by examining evidence about the following factors:

1. the wishes of the child’s parents and their proposed parenting plans (meaning, the custody and visitation schedules they’re each requesting)
2. the child’s need for frequent, meaningful, and continuing relationships with each parent
3. the ability and willingness of each parent to actively parent the child
4. the relationship of the child with parents, siblings, and any other major figure in the child’s life
5. which parent is more likely to allow the child to have frequent, continuing, and meaningful visits with the other parent
6. the child’s adjustment to home, school, and community
7. the mental and physical health of all involved, including any history of abuse
8. whether either parent intends to relocate with the child, and
9. the child’s wishes, if the child is old enough to express a reasonable preference.

Child abuse and domestic violence both factor in the court’s custody decisions. An abusive parent can’t be denied visitation without a court hearing. Even if there is evidence that child abuse occurred, the court can allow the abusive parent to have visitation if the judge specifically finds that visitation is in the best interest of the child.

In appropriate circumstances, the court can order supervised visitation or no visitation rights at all. One specific situation where this would be applicable is where a parent or a person residing with that parent has been convicted of a felony sexual offense involving a child victim. In such a situation, the court cannot award custody or unsupervised visits to that parent.

Section 568.060 RSMo., provides that under Missouri law, child abuse is defined as “any physical injury, sexual abuse, emotional abuse inflicted on child other than by accidental means by caregiver”. Child abuse can be a Class C felony – up to 7 years in prison (but a minimum of one year). If the child abuse results in serious emotional or physical injury, the charge is increased to a Class B felony – between 5 and 15 years in prison. If the child abuse results in death of the child, the crime is increased to a Class A felony, with the abuser facing a sentence of 10 years to life in prison.

Local Events for Child Abuse Prevention Month

Locally, the Ozark Family Resource Agency is sponsoring a “Go Blue” day on April 15 to highlight child abuse prevention. Our attorneys and staff plan to participate and invite you to do so as well.

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We hope you haven’t been involved in a child abuse situation. However, if you need an experienced family law attorney, we’re here to provide assistance. You can contact Kennedy, Kennedy, Robbins & Yarbro, LC or call us at (573)686-2459.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]