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 New Jersey, emotional abuse of a child is recognized as a form of child abuse and can lead to criminal charges. The state's child protection laws, including the New Jersey Statutes Annotated (N.J.S.A.) 9:6-8.21, define child abuse to include harming a child's mental or emotional well-being. This can encompass a range of behaviors from a caregiver, including verbal abuse, excessive demands on a child's performance that may induce stress, or other actions that may cause emotional harm. When it comes to family law and custody disputes, New Jersey courts prioritize the best interests of the child, as outlined in N.J.S.A. 9:2-4. A history of emotional abuse can significantly influence the court's decision on custody arrangements. The court will consider factors such as the safety, happiness, physical, mental and emotional health of the child when making custody determinations. Therefore, evidence of emotional abuse could weigh heavily against granting custody to the abusive parent.