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 CHILDHOOD FEARS AND THE LAW

©1997 by Steven Pradell

Fear is a normal childhood. Children who are afraid to run into the street or put their fingers on the stove avoid injury. Occasionally, however, some children exhibit behaviors resulting from traumatic experiences which may be of concern to parents. Exploring the roots of a child's fear may result in a finding which requires that legal action be taken. This article explains steps which can be taken when a child's fearful behavior causes others to seek help.

Children who are abused or neglected may exhibit fears which appear to be irrational. A child may refuse to be held or touched on a certain area of the body, or prevent a parent from undressing or bathing the child. A child may express fear of being alone or may become extremely clingy with one parent, refusing to leave that parent and spend time with the other parent. Children of parents who are separated or divorced often exhibit separation anxiety, which is a normal reaction to the stress of visitation exchanges between parental households. It can be difficult to determine whether the fearful behaviors expressed by a child are normal reactions to the environment, or whether they are indications that a child has been the victim of abuse or neglect. It is especially difficult to ascertain the roots of fears in young children, who may be unable to communicate about why they are afraid.

Parents can learn about the normal stages of a child's development by reading books about parenting and child development or by attending a parenting class. Parents who communicate about their observations of a child's fearful reactions may be better able to work together to alleviate them. Discussing observations of a child's fears with teachers and other significant adults in a child's life may be important to determine if the fearful reactions are occurring outside the home. A parent may consider taking a child to a licensed psychologist with a practice that emphasizes childhood development so that an evaluation, diagnosis and treatment plan may be created, if necessary.

Parents who believe that a child's fearful reaction is caused by abuse or neglect may take legal action to prevent or limit contact between the child and the source of the harm. A restraining order may be issued if the court finds that a parent has demonstrated that a child has been the victim of domestic violence and there is a legitimate fear that more harm may occur in the future. A judge in a custody proceeding may limit or prevent visitation or require that supervised visitation occur when a child has been harmed or neglected by another parent. The Division of Family and Youth Services (DFYS) will investigate all reported allegations of abuse or neglect to determine if they are substantiated and, if so, to take steps to prevent the occurrence of further harm.

If you are concerned about the issues discussed above and desire to learn more about your rights and responsibilities, it may be wise to speak with a lawyer.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including children's issues, divorce, custody, child support and adoption. ©1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.

 

The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).

 

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