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 Delaware, emotional abuse of a child is recognized as a form of child abuse and can lead to criminal charges. Emotional abuse includes acts or omissions that cause or could reasonably be expected to cause conduct, cognitive, affective, or other mental disturbances in a child. Delaware law mandates that any person who knows or in good faith suspects child abuse, including emotional abuse, must report it to the authorities. The state's child protection laws are designed to safeguard children from harm and ensure their well-being. When it comes to child custody determinations, Delaware courts prioritize the best interests of the child. A history of emotional abuse by a parent can significantly influence the court's decision on custody arrangements. The court may consider factors such as the safety of the child, the emotional relationship between the child and each parent, and the history of the parent's behavior, including any evidence of abuse, when making custody decisions.