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 Texas, emotional abuse of a child is considered a form of child abuse and can lead to criminal charges. Texas law defines child abuse to include mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning. The Texas Family Code is particularly attentive to the child's emotional well-being when determining custody arrangements. During custody proceedings, the court's primary consideration is the best interest of the child, and a history of emotional abuse by a parent can significantly influence the court's decision. Factors such as the emotional and psychological needs of the child and the emotional and physical danger to the child now and in the future are taken into account. If a court finds that a parent has a history of emotional abuse, it may limit that parent's custody or visitation rights to protect the child's welfare.
