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Proving that a child is in danger

Parents in California and throughout the country should not be afraid to speak out if they believe that their children are in danger. Judges will thoroughly investigate any claims that a child has been abused or witnessed others being abused in a home. As part of the investigation, a court will seek assurances that a parent is not making false accusations as a means of obtaining custody of a child.

During an investigation, both parents may retain the right to see and interact with their children. If necessary, parents will be allowed to see visit with their kids in public places and under the supervision of a trusted neutral party. Temporary restraining orders may be granted if there is credible evidence that a child would be in danger while with his or her mother or father. There are many types of evidence that can be used to prove an abuse claim.

For instance, a parent may present medical records that were related to past instances of abuse. The results of a mental health examination may show that changes in a child's mood stem from emotional abuse. Text messages or eyewitness testimony can also bolster a parent's claim that his or her child is in danger. The more evidence a parent can provide, the less likely it is that the allegedly abusive parent can claim that he or she is the victim of a false allegation.

A child custody order may be based on the premise that one parent is more fit to provide for his or her son or daughter than the other person. However, it's possible for the terms of such an order to be changed. An attorney may help prove that a child has been abused or threatened with it. This may be enough to give a noncustodial parent greater rights.

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The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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