038: Protection and Custody Collide: Child Abuse in Divorce Cases with Expert Seth Goldstein, Former Police Officer & Child Abuse Attorney

In this episode of the Children First Family Law Podcast, Krista welcomes Seth Goldstein, a California-based family law attorney, expert witness, and former police officer with over four decades of experience in child protection. The conversation centers on how courts respond—or fail to respond—when child abuse allegations arise in the context of divorce or custody disputes.

Drawing on his experience in law enforcement and years of litigating high-conflict family law cases, Seth offers a rare dual perspective that spans criminal investigations, forensic evidence, and courtroom advocacy. Krista and Seth examine how family courts often lack the protections, resources, and trauma-informed systems that exist in dependency courts, leaving children vulnerable in legal battles that prioritize parental rights over child safety.

Krista and Seth also discuss how allegations are frequently dismissed as custody tactics, the limitations of child protective services, the misunderstood role of minors’ counsel, and how new legislation, like Colorado’s Kayden’s Law and House Bill 24-1350, aims to shift the focus back to the child.

This episode is a must-listen for family law professionals, child advocates, and parents navigating abuse concerns in the middle of divorce. It’s also a sobering look at what can go wrong and what needs to change to prevent tragedy.

In this episode, you will hear:

• The disconnect between how criminal courts and family courts handle child abuse allegations
• Why dependency courts offer more protection for children than family courts
• How courts evaluate the credibility of abuse claims in custody disputes
• The critical role of evidence, mandatory reporters, and multidisciplinary teams
• Why some abuse reports are dismissed, even when they’re credible
• The dangers of forced reunification and outdated views on co-parenting
• Colorado’s response through Kayden’s Law and HB 24-1350
• What parents can do if they suspect abuse, and fear the system won’t believe them
• The long-term effects of domestic violence on children, even without direct exposure
• A call for reform: shifting from shared parenting presumptions to child-centered outcomes

Resources from this Episode

www.childrenfirstfamilylaw.com

www.lawofficesofsethgoldstein.com

www.missingkids.org/home

fvaplaw.org

www.phillyburbs.com/story/news/local/2024/03/26/kayden-mancuso-pa-legislature-kaydens-law-child-custody-reform-bucks-county/73103605007/#:~:text=What%20happened%20to%20Kayden%20Mancuso,%2C%22%20and%20then%20killed%20himself.

www.hud.gov/vawa#close

leadershipcouncil.org

www.ivatcenters.org

www.peaceoverviolence.org/iii-the-cycle-of-violence-and-power-and-control

www.thehotline.org/here-for-you

bwjp.org

All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 

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Episode Credits

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