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CHILD AND PARENTING ISSUES: FALSE ALLEGATIONS DURING CHILD CUSTODY CASES

April 19, 2022

Did you grow up in a violent household? As a child did you witness the effects of drug addiction or alcoholism from a parent? Perhaps one of your parents was convicted to a crime. If you experienced any of these scenarios growing up, you are aware of the effects it has on all members of the family, particularly children.

But, what if you're in the middle of a divorce or child custody battle and find yourself falsely accused of alcoholism, domestic violence, drug abuse or other “bad acts”?

Consequences of False Allegations on Custody Cases

Fathers are often forced to defend themselves in family court—dealing with lies that tarnish their character and may affect a judge’s ruling.

These false charges have a myriad of ramifications. Well-intentioned judges would rather be safe rather than sorry; and this can result in reduced or supervised visitation for falsely accused fathers.

Unfortunately, false allegations are common in child custody proceedings. According to the Stop Abuse and Violent Environments organization, up to 70% of domestic violence charges presented during custody battles are falsified. Additionally, 85% of protection orders are issued against fathers.

How to Fight False Allegations in Child Custody Situations

Many fathers in these situations are unsure of how to combat false allegations in child custody cases. They find themselves using their energy and time battling false accusations instead of demonstrating how committed and involved they are in their children’s lives.

In these challenging times, having a family law attorney who knows the specific conditions that fathers may face during a child custody dispute is critical. An experienced family law attorney will be able to protect your rights—making sure you are able to remain or become a part of your child's life.

As a father, what should you do when faced with these false allegations?

Keep Your Emotions In Check

When you are facing false allegations in family court, you must keep your cool. Emotional outbursts can cost you dearly and may prevent you from having the parental time with your children that you deserve. You cannot afford to make this sort of mistake.

Stay cool and composed. Consult with your attorney to acquire a better grasp of what you are being accused of and what it may signify for your child custody case. This will help you and your attorney to devise a coordinated plan to demonstrate your innocence and dismantle the story that the false claims are constructing.

Prepare and Construct Counterclaims

It is critical for you to be as transparent and upfront as possible with your child custody attorney. This is necessary so that they can do their best to combat these false allegations. It is important to consult with an attorney to acquire a better grasp of how the allegations you may be facing can affect your child custody case. The approaches that you and your child custody attorney devise will differ based on the circumstances that lead to the false accusations, the individuals involved, and the criminal laws in your state.

In these cases, exhibits are especially useful. You will want to share witnesses, images, texts, time-stamped emails, phone records, or anything else that can disprove the fraudulent allegations with your attorney.

Weathering The Storm

Demonstrate yourself as a reasonable parent who can set a good example for your children. Respect the law enough to be frank and honest concerning who you are as a man and as a father.

As long and hard as the process may be, it will demonstrate to the court that you are prepared to go to any length for the sake of your children. Contact us today for more information about how to resolve your child custody issues when facing false allegations.