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How a parent can lose Custody for Emotional Abuse

As it is legally recognized as a type of abuse by California state law, psychological abuse is grounds for a parent to lose child guardianship even if it is much more difficult to prove in court. The struggle for child custody needs to be regarded seriously.

While physical abuse is an obvious reason for parents to lose custody, psychological abuse may be more difficult to prove. You need to be aware of the following if parents can lose custody of their children due to psychological abuse.

If you are going for your first custody, you must seek legal advice before going for the hearing.

What is psychological abuse?

A child’s development of self-respect and feelings is influenced by psychological abuse, also known as mental abuse. Any of the following actions that are conducted in the direction of a child fall under the category of psychological abuse:

If the child is being physically or psychologically abused by both parents, the court will likely appoint a member of the family or foster parents to take custody of the child. Child custody that involves psychological abuse can have a long-term negative impact on a child’s mental and emotional health.

  • persistent opposition
  • ongoingly detrimental
  • being rejected repeatedly
  • withholding of love, support, and aid
  • spoken assault
  • Seclusion
  • Exploitation

Can parents lose custody if their children are being abused psychologically?

Psychological abuse is an important factor to take into account while deciding on child custody, child support, and visiting arrangements.

Parents who abuse their children psychologically may lose custody of their children if they are accused of abusing, making fun of, or otherwise insulting the child’s spouse. A controlling parent may have threatened or punished the child, resulting in a loss of protection.

Evidence of psychological abuse

Witnesses to your partner’s abusive behavior, manufactured evidence like text messages and emails, social media posts, or private communications, as well as emotional evaluations of you, your children, or your ex-partner, are all acceptable forms of evidence.
It’s a good idea to keep a record of every abusive message, call, or call from your ex-partner, as well as to save copies or screenshots of all written abuse for your attorney.


The cycle of abuse is typically repeated over time, and the alleged target may continue to put up with the abusive relationship owing to the possibility of physical, sex-related, or verbal assault. Psychological abuse can happen in any form of relationship, including friendships and associations, but it often happens in family law settings.

Continue reading to learn more about psychological abuse, its implications for child custody, the requirements for bringing legal action against someone for psychological abuse, the role of the police, and also how to defend yourself against charges of abuse.