My ex-husband is verbally abusive to my son. He calls him degrading names, my son is 12. Can I file abuse for this?

Asked about 2 years ago - Secaucus, NJ

Names such as pussy, little girl, stupid, whimp. My son no longer wants to spend any time with his father,

Attorney answers (3)

  1. Anthony J Van Zwaren

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Emotional abuse does qualify as child abuse under the statute. There are two issues you may need to look at, modifying an existing child visitation order, especially if the boy does not wish to spend time with his father. You may also contact the child abuse hotline if you believe that the abuse is effecting your child's well-being. If there is a therapist, counselor or psychologist I would suggest having your son speak with a professional. It may be relevant if you file a motion to change parenting time.

    DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you... more
  2. Kenneth A White

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . While more information is needed to provide a reliable opinion, if you are the child's primary custodian you can file an application seeking to modify if not suspend the father's parenting time based on the allegations you have presented. You may also want to seek counseling for the child, if not for the child and father to participate in jointly.

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  3. Bernard Weiss

    Contributor Level 8

    2

    Lawyers agree

    Answered . I agree with the previous answers, but there is more that you may be able to do. If your ex has also abused you in the past, you can ask for a court restraining order to protect both you and your son pursuant to NJSA 2C:25-17 et seq. Even if he has not abused you physically or emotionally directly, he is now doing so by using your son to accomplish it (at least, that is the argument I would make).

    Another avenue you can pursue is to ask the prosecutor in Hudson County to charge your ex with harassment at least against your son, if not a more serious crime. If the prosecutor does so, s/he can seek to protect your victim son as part of the sentence upon conviction.

    Please feel free to call me if you wish.

    My responses to questions on Avvo are not intended as legal advice and must not be relied upon as legal advice. I... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,668 answers this week

3,121 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,668 answers this week

3,121 attorneys answering