What is Child Endangerment, and How Might it Affect My Divorce?


Child endangerment is a grave thing. Not only is this a criminal offense in Georgia, but it might also affect your custody battle during a divorce. Because of this, it is important to approach potential allegations of child endangerment very seriously. Whether you are being accused of this offense or you are the one hurling the accusations, this could alter your family to a significant degree. But what exactly is child endangerment, and how might it affect your divorce in Georgia?

What is Child Endangerment?

Endangerment generally falls under the category of neglect in Georgia, although some specific laws pertain to this situation. Child endangerment simply involves putting your child in a dangerous situation. It might involve driving intoxicated with them in the car, leaving loaded weapons around the house, or even forgetting to put a seatbelt on your child. The actions must have a chance of causing injuries, and this is why a DUI with child endangerment is such a serious offense in Georgia. 

How Might Child Endangerment Affect My Divorce?

It is important to realize that a criminal charge of child endangerment is very different compared to an accusation leveled by an ex. Your ex might have no evidence to back up their claims, although these allegations can still affect your divorce if you are not careful. As many legal experts have pointed out, the definition of child endangerment often depends on the parent. For example, one parent might think that taking a child on a week-long camping trip is an example of child endangerment. They might worry about wild animals, cold temperatures, getting lost, and everything else that can happen in the wilderness. On the other hand, the other parent might think this is an important moment in the child’s development. 

If the courts believe that the child was subjected to serious danger during the marriage, then they might create a custody plan that keeps the child away from the parent who is guilty of this offense. This means that if your ex can prove that you endangered the child, you will enjoy less time with your young one after the divorce has been finalized. 

How exactly do they prove this? The obvious strategy would be to point to your existing criminal record. If you have been convicted of a related offense (like child endangerment DUI) in the past, it should be relatively easy to use this against you. However, if no such conviction exists, your ex would need to show the court evidence of the neglect or endangerment during the custody battle. And this is not always easy. 

Where Can I Find a Divorce Attorney in Georgia?

If you have been searching for a qualified, experienced divorce attorney in Georgia, look no further than Lankford & Moore Law. Over the years, we have helped numerous divorcing spouses in Georgia – including those approaching combative custody battles. We know that everything is on the line when it comes to fighting for your children, and we are ready to guide you toward the best possible results. Book your consultation today to get started. 

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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