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Child custody

emotional abuse

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 Montana, 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 may cause serious psychological harm to a child. Montana law, specifically Montana Code Annotated (MCA) 41-3-102, defines child abuse and neglect to include mental injury which is evidenced by severe anxiety, depression, withdrawal, or outward aggressive behavior in a child caused by acts or omissions of a person responsible for the child's welfare. When it comes to child custody decisions, Montana courts prioritize the best interest of the child, as outlined in MCA 40-4-212. A history of emotional abuse by a parent can significantly influence the court's custody determination. The court will consider factors such as the child's emotional needs and the parent's ability to provide a stable and nurturing environment when making custody decisions. The impact of any history of abuse is taken seriously, and the primary concern is to protect the child's welfare and emotional well-being.

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Child custody

emotional abuse

Individual & Family Legal Plan

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Montana State Code

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Child custody

emotional abuse

Articles