what to do if your custody lawyer abuses your finiances

by Prof. Aditya Kuhic 6 min read

What can I do if my child is being abused?

May 13, 2020 · Financial control can be part of a nefarious plot and key part of making the victim feel impotent, dependent, and isolated. Financial abuse is economic and psychological. The victim knows little about their personal finances. Because the controlling spouse is so secretive, some victims never know the extent of the abuse.

How can I Help Myself in a child custody dispute?

May 01, 2020 · reduce a parent’s visitation hours. prevent overnight visits, and. require supervised visitation, where a third-party supervises all of the parent’s visits with the child. If you have real concerns about ongoing child abuse, you may need to call police and hire a local family law attorney for your custody case.

How can I lose custody of my child?

Jul 16, 2020 · Your Witness List. Your potential witnesses may include your family members, employers, counselors, physicians, teachers, coaches, and record keepers. Make sure you give the information in the list below to your attorney. Alternatively, you and your attorney can work on this list together. 1. Names, addresses, and phone numbers of any witnesses. 2.

Why hire an attorney for a child custody case?

If so, he or she may appoint a private child custody evaluator or a child custody investigator. Such persons look into the abuse issues and report back to the court. A judge also has the power to contact social services or get the law enforcement involved. A family law judge's focus in a child custody case is the child's best interest.

What is considered financial abuse?

Financial abuse involves controlling a victim's ability to acquire, use, and maintain financial resources. Those who are victimized financially may be prevented from working. They also may have their own money restricted or stolen by the abuser. And rarely do they have complete access to money and other resources.May 6, 2020

How do you prove economic abuse?

Making unilateral decisions about family finances. Having a separate account for the spouse who makes more money. Running up debts. Accusing you of living lavishly and spending more than you should is a form of mental intimidation and is considered mental and financial abuse.Feb 2, 2021

What are the three types of financial abuse?

These are some common forms of financial abuse—and resources to help protect or recover from it.The Abuser “Takes Care” of the Finances. ... Employment Sabotage. ... Economic Exploitation.Oct 21, 2021

What is financial coercion?

Coerced debt is debt that an abusive partner has taken out in your name either: Without your knowledge, or. Because your abusive partner used threats or force to make you to take out the debt.

What is a financial bully?

The abuser usually uses intimidation and manipulation to control the financial stability of their victim. Extreme cases have shown abusers threatening violence if the victim tries to make more money by starting to work, getting a better job or furthering their education.May 14, 2021

Is financial abuse a criminal Offence?

Financial abuse is a form of domestic abuse. It's a crime and should be reported to the police. Financial abuse can take many forms so will look different within different relationships.

What is financial manipulation?

Summary. Financial statement manipulation is the practice of altering a company's financial records to present a false picture of its financial condition. The manipulation invariably consists of either inflating revenues or deflating expenses or liabilities.

What are the signs of discriminatory abuse?

Possible indicators of discriminatory abuseThe person appears withdrawn and isolated.Expressions of anger, frustration, fear or anxiety.The support on offer does not take account of the person's individual needs in terms of a protected characteristic.

Who is vulnerable to financial abuse?

The Met Life study in America showed that women are twice as likely as men to be victims of elder financial abuse, with the majority being between the ages of 80 and 89 and living alone. Those who are single or widowed are also at risk. Incidence increases with age for men.

What is financial abuse safeguarding?

The No secrets definition of financial abuse is: 'financial or material abuse, including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits' (DH 2000).

What is financial neglect?

Financial neglect involves failure to use the resources available to restore or maintain the well-being of the aging adult. Sexual abuse is defined as nonconsensual intimate contact or exposure or any similar activity when the patient is incapable of giving consent.

What are the causes of financial abuse?

Frequent, unexpected or unusual changes in financial documents or estate planning documents including inquiries from a caregiver, children or other relatives claiming that an older person wishes to change his or her will or designate someone as a power of financial attorney; inquiries received by an attorney from ...Jun 15, 2016

What is financial abuse?

Financial abuse is the use of finances to threaten, frighten, manipulate, and control the victim. Control is power. As with other forms of domestic abuse, the abuser dominates the other spouse. Most victims are women. And financial abuse can ruin the victim’s life.

Is financial abuse a crime?

Financial abuse can be criminal, too. As with fraud, embezzlement, and extortion. For example, using an extramarital affair to extort money from the victim’s professional practice. Embezzling money from the family business and threatening to blame the theft on the victim.

Is domestic violence emotional?

Video Transcript: Whether the pain inflicted on a spouse is physical, verbal, or emotional, domestic violence brings sadness, grief, and fear to families and communities. Domestic financial abuse may be less talked about, but it’s just as frequent. In fact, many domestic violence victims also suffer financial abuse.

Types of emotional abuse

Our lawyers explain that various types of abuse that justify divorcing an emotionally abusive husband. Emotional abuse includes:

Suggestions for divorcing an emotionally abusive husband

Divorce Magazine suggests the following strategies when divorcing an emotionally abusive husband is the most logical solution to your fears, anger, and frustration.

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

What to do if you have concerns about child abuse?

If you have real concerns about ongoing child abuse, you may need to call police and hire a local family law attorney for your custody case.

What does a custody evaluator do?

A custody evaluator will take the lead in interviewing family members and therapists to prepare custody recommendations for a judge. There must be clear and convincing evidence of abuse for a court to limit a parent’s time with a child. A judge doesn’t have to follow a custody evaluator’s recommendation, but it's usually persuasive, ...

What are some examples of neglect?

For example, a parent may commit neglect by failing to feed, bathe, or provide necessary medical care for a child over an extended period of time. Judges take all forms of child abuse seriously, as children are vulnerable and unable to protect themselves. While parental rights are fundamental and constitutionally-protected, ...

What happens if one parent abuses a child?

For example, if one parent sexually or physically abuses a child, while the other parent stands by and does nothing, the child may be removed from the parents’ home. A state or local agency like Child Protective Services will get involved in abuse or neglect cases, and may place a child in foster care or with relatives.

What are the causes of domestic violence?

According to the American Psychological Association and Josie Serrata, PhD, crises ramp up stress among couples and families and can lead to a rise in domestic violence and child abuse. Increased stress from financial problems, social isolation, and disconnection from social support systems are all risk factors for violence.

Can a parent lose custody of a child?

Child abuse doesn’t have to be extreme for a parent to lose visitation or custody rights. As a general rule, in the family law context, any activity or behavior by a parent that threatens a child’s physical or emotional well-being is considered abuse. This includes verbal abuse that results in emotional trauma and physical abuse ...

What is the main thing a court is interested in when making decisions about child custody?

When making decisions about child custody, the main thing a court is interested in involves doing what is in the best interest of your child. Judges use certain custody factors when they have to make decisions about child custody. These factors include:

What is the most important evidence in a custody case?

Generally, the most influential evidence comes from witnesses who are not biased and have personal and/or expert knowledge of you, your child, and the child’s other parent.

Why is journaling important?

However, a parent will have better proof if they have a journal can refer to their written notes, in order to refresh their memory.

Can a court hear a voicemail from a child?

If you have a lot of long voicemails from your child’s other parent, you and your attorney will want to quickly get to the relevant portions of the voicemail. Oftentimes, it is not necessary for the court to hear the entire message . You could even anger the court if you play long messages that are irrelevant.

What is a calendar?

Your Calendar. Your calendar is documentation of how much time you have spent with your child. It is much like your journal, but it gives you and your family law attorney another tool to use that visually shows the time you spent with your child. Make sure your calendar is easily available at any time.

What happens when you lose custody of a child?

Losing custody of a child during a divorce or parentage proceeding often results from bringing the issue to the Court's attention. A parent who alleges physical child abuse against the other parent typically files a request for order. This request includes a declaration and supporting evidence of the abuse.

What does a family law judge do?

At a hearing, a family law judge determines whether there is sufficient evidence of abuse and makes appropriate orders. A judge may believe a child custody investigation or private child custody evaluation is necessary. If so, he or she may appoint a private child custody evaluator or a child custody investigator.

What is a request for order?

The request for order is sometimes filed as an emergency application if the parent needs immediate orders. An emergency application requires the child or children to be in imminent threat of harm. If there is no imminent threat, a regularly noticed request for order is filed.

Is it dangerous to have a false allegation of abuse against a parent?

A parent that makes a knowingly false allegation of physical or sexual abuse against the other parent is just as dangerous as a parent that abuses a child . False allegations of abuse against a parent is a proper reason to lose custody of a child.

Can domestic violence and child custody collide?

Domestic violence and child custody sometimes collide in a family law case. And when they do, much of the focus becomes whether there has been a finding of domestic violence against the accused parent and, if so, whether that is a sufficient reason to lose custody of a child.

What does it mean when a child is malnourished?

If a child is malnourished, he or she may look very thin, lack energy or become ill more often than what is normal. That, by itself, may not be apparent to anyone but those who see the child on a frequent and regular basis.

Can a parent make decisions without consulting with the other parent?

Assume a parent makes significant decisions in a child's life without consulting with the other parent even though both parents share joint legal custody. This includes major medical decisions or educational ones such as changing a child's school.

What to do if your spouse is violent?

If your spouse becomes physically violent, take immediate action. Call the police, if necessary, to protect yourself. You can also contact a domestic violence relief center near you for advice and/or safe shelter.

How to get out of a domestic violence relationship?

A representative can walk you through the steps of safely getting out of your abusive relationship. If your spouse becomes physically violent, take immediate action. Call the police, if necessary, to protect yourself. You can also contact a domestic violence relief center near you for advice and/or safe shelter.

What happens if my spouse doesn't respond to my divorce petition?

If your spouse does not respond, the courts will take it as assent.

Is Colorado a no fault state?

Although Colorado is a no-fault state, meaning you will not have to prove your spouse is verbally or emotionally abusive, documenting what is happening could help you in other ways. If the nonphysical abuse turns violent, for example, you will have proof to show the police during a criminal case against your spouse.

Is Colorado an equitable distribution state?

Colorado is an equitable distribution state, meaning the courts will decide what is fair for each spouse according to the situation. Child custody is the greatest area of a divorce verbal or emotional abuse can affect. Proof that your spouse abused you in any way could convince a judge to rule in your favor during a custody battle.

Can a lawyer help with child support?

A child support lawyer could also help lead to a child support order if you receive primary custody of your child. A lawyer can help you work through all the aspects of your divorce case, including navigating how verbal or emotional abuse might affect things.

Can you file for divorce in Colorado?

Abuse of any kind could greatly impact your marriage. It may be the reason you file for divorce in Colorado. If you are suffering verbal and/or emotional abuse and wish to divorce your spouse, take the following steps to do so safely and effectively.

What is financial abuse?

Financial abuse is one form of domestic abuse. Withholding money, stealing money, and restricting the use of finances are some examples of financial abuse. To figure out if your partner is financially abusing you, think about how you are being treated by answering the following questions. Does your partner:

How to report identity theft?

You can also report identity theft to the police or through the the Federal Trade Commission website on identity theft or by calling 1-877-ID-THEFT (438-4338). To read more about steps you can take if you think you have been the victim of identity theft, visit the federal government’s websit.e.

What is fraud alert?

A fraud alert lets the credit card bureaus (Equifax, Experian and TransUnion) know that you may be a victim of identity theft. A fraud alert can make it very hard for anyone to open new accounts in your name, and it can be a good idea if you are fearful of someone using your information without your knowledge.

What is it called when someone uses your name to open a bank account?

If anyone, including a spouse, family member, or intimate partner, uses your personal information to open up an account in your name without your permission, this could be considered identify theft. Some examples of personal information that someone might use are your Social Security number, credit card and banking account numbers, usernames, passwords, and patient records. Fraudulent uses of this information may include opening new credit accounts, taking out loans, stealing money from financial accounts or using available credit. 1

What happens to debt in divorce?

What usually happens is that the spouses will decide on a division of debt that they can both agree to or a judge will divide the debt looking at a number of different factors.

Can you cosign a credit card?

Generally, it is not a good idea to co-sign any financial contracts, including credit cards or a car loan, with someone you do not trust completely to be honest and responsible about paying it off. If something happens, such as the other person disappears or refuses to make payments, you can be held responsible for paying off the entire debt and your credit can be ruined if you don’t make timely payments. If you have already co-signed on a loan or credit card and the other person has failed to make payments, go to After the abuser has taken your money and/or run up debt in your name for more information.