Emotional abuse of a child may constitute child abuse and be the basis for criminal charges. Because of the potential adverse effects on children, courts take issues of emotional abuse of children seriously, and a history of emotional abuse of the child may have a significant impact on the court’s determination of what custody arrangement is in the best interest of the child.
In California, emotional abuse of a child is recognized as a form of child abuse and can lead to criminal charges under various statutes, including Penal Code section 273a, which makes it a crime to cause or permit a child to suffer unjustifiable physical pain or mental suffering. Emotional abuse can encompass non-physical acts such as verbal abuse, neglect, or psychological manipulation that harm a child's emotional well-being. When it comes to family law and custody disputes, California courts prioritize the best interest of the child (Family Code section 3011). A history of emotional abuse can significantly influence the court's custody decisions. The court may consider evidence of emotional abuse when determining custody and visitation arrangements to ensure the child's health, safety, and welfare are not compromised. In severe cases, a parent found to be emotionally abusive may be denied custody or granted only supervised visitation.