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 Utah, 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 emotional harm to a child, such as rejection, isolation, terrorizing, ignoring, or corrupting a child. Utah's child welfare laws, specifically Utah Code Ann. § 62A-4a-101 et seq., define child abuse to include non-physical forms of abuse, and the state's protective services work to investigate reports of emotional abuse. In family court, when determining child custody arrangements, Utah courts are required to consider the best interest of the child, as outlined in Utah Code Ann. § 30-3-10. The court will take into account any history of child abuse, including emotional abuse, when making custody decisions. This means that a parent's history of emotionally abusing a child could significantly affect the court's decision on custody and visitation rights, potentially limiting or conditioning their access to the child to protect the child's well-being.