When child abuse is alleged during a divorce, the stakes rise dramatically—and the system doesn’t always rise with them. In this episode of the Children First Family Law Podcast, Krista interviews child abuse attorney and former police officer Seth Goldstein, who has spent over 40 years working in both criminal and civil courts to protect children from harm.
Their conversation reveals one undeniable truth: family courts aren’t equipped to handle child abuse allegations with the urgency and structure that these cases demand.
Family Law vs. Dependency: Different Tools, Different Outcomes
Seth contrasts how abuse cases move through criminal or dependency courts versus domestic relations courts. While dependency courts focus on the child and operate with trauma-informed practices, family law courts often prioritize parental rights, with limited resources and no mandated representation for children.
This mismatch creates a dangerous gap, where children’s disclosures are discounted, and parents trying to protect them are labeled as alienating.
The Real Risks of Getting It Wrong
Seth shares case examples where courts dismissed abuse claims and forced children back into dangerous environments, including one devastating case that ended in the child’s death. These are not theoretical risks. They are the consequences of slow processes, poor evidence gathering, and courts lacking the training to distinguish real abuse from weaponized claims.
Legal Shifts in Colorado
Colorado has made significant strides in reform, with legislation like Kayden’s Law and HB 24-1350 requiring courts to prioritize child safety in custody rulings. These laws also address coercive control, ban forced reunification tactics in abuse cases, and give more weight to the child’s voice in court.
Still, implementation varies, and many protective parents face uphill battles, especially when abuse hasn’t been formally documented.
What Parents Can Do
Seth urges parents who suspect abuse to act early and find professional guidance. Whether working with a therapist or consulting an attorney experienced in child abuse litigation, documentation and timing are critical. Waiting until a case reaches trial can be too late.
A Call for Change
This episode makes a powerful case for shifting custody litigation away from parental rights toward a child-focused model—one that brings in multidisciplinary professionals, treats abuse disclosures with care, and ensures that courts look forward, not backward, in protecting children’s futures.
If you want to learn more about the Children First Family Law Podcast, check out www.childrenfirstfamilylaw.com/protection-and-custody-collide-child-abuse-in-divorce-cases-with-expert-seth-goldstein-former-police-officer-child-abuse-attorney.