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 Pennsylvania, emotional abuse of a child can indeed be considered a form of child abuse and may lead to criminal charges. The state's Child Protective Services Law (CPSL) defines child abuse to include acts or failures to act that cause non-accidental serious mental injury to a child under the care, custody, or control of a perpetrator. Emotional abuse can be difficult to prove, as it often involves psychological rather than physical harm, but it is taken very seriously by the courts. When determining custody arrangements, Pennsylvania courts are guided by the best interest of the child standard, as outlined in 23 Pa.C.S. § 5328. A history of emotional abuse can significantly influence a court's custody decision, potentially limiting or restricting the abusive parent's custody or visitation rights to protect the child's welfare.