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 South Dakota, 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 have caused, or could cause, serious psychological harm to a child. South Dakota law mandates that any person who suspects child abuse, including emotional abuse, must report it to authorities. The state's statutes define child abuse broadly to include physical, mental, or emotional harm. When it comes to family law and custody disputes, South Dakota courts prioritize the best interest of the child. A history of emotional abuse by a parent can significantly influence the court's decision on custody arrangements. The court will consider factors such as the safety, welfare, and health of the child, and evidence of emotional abuse can weigh heavily in these considerations. The court may order various custody arrangements or visitation schedules to protect the child's well-being and may also require the abusive parent to undergo counseling or therapy as a condition of visitation or custody.