Q: Is repeatedly yelling at a child and alienating them from their family considered emotional abuse or neglect?
We have 50/50 custody of our daughter, and every other week she spends at her mother's. Each week when she comes home it takes days to re-regulate her behavior and mood before she opens up about events and situations that happened the past week at her mom's. Often time this includes a number of "episodes" in which her mother will scream at her for long periods of time before spending the night alone in her room. Her mother has threatened her with a number of consequences whenever she opens up to us and we address the situations. If this behavior has visibly created problems for our child, relating to her mental health and behavior, is this grounds for reporting?
A: If your facts are correct, in NYS a petition in family court may be in order. The prior legal guardian, or if none, a request for a legal guardian would be made, and that guardian represents the child independently of the parents and makes a determination and advocates to the judge what should be done. Speak to your attorney about this.
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