How False Allegations Can Impact Child CustodyBy Moskowitz Law Group, LLC |
Evidence of abuse has a significant impact on child custody proceedings. However, when allegations of abuse are proven to be false, they can lead to an emotionally charged environment that is detrimental to everyone involved in a child custody dispute.
Naturally, accusations of abuse lead to legal battles, with both parties seeking to prove or disprove the allegations. Taking this issue to court often leads to substantial legal fees and shift priorities away from the best interests of the children.
When someone makes allegations about an ex-spouse’s behavior that are ultimately proven false, it can call that person’s credibility in question. The court may view their testimony and overall reliability differently, finding them not credible. Depending on the severity and impact of the false allegations, the court may use false allegations as a factor when determining custody arrangements. If one parent makes false accusations of abuse to gain an advantage in the custody dispute, this may influence the court’s decision in favor of the other parent provided that their position is in the best interests of the child.
Dealing with false allegations of abuse creates significant emotional stress for both parents and children. This situation pushes children into the middle of conflict and hostility. Even if the situation is resolved, disputes over abuse allegations can have lasting psychological impacts. While parents may experience anger and resentment toward each other, the children may experience feelings of confusion and guilt.
False allegations of abuse can lead to increased stress for the child, who is already undergoing an emotionally challenging experience. An investigation into abuse based on false allegations may force children into interviews and investigations by government agencies or the Court to determine the validity of the claims.
In a relationship that is already ruptured, false allegations of abuse can create challenges in establishing a stable coparenting relationship. Children may even have trouble maintaining a healthy relationship with both parents after this kind of conflict. False allegations can also prolong custody disputes, causing uncertainty for the child and their future. All in all, the child’s wellbeing should be the central focus in a custody case and false allegations of abuse wouldn’t be a concern if parents can remember that.
How to Deal with False Allegations of Child Abuse
There are three common ways of dealing with false allegations of child abuse. First, the falsely accused parent can rely on investigations into alleged abuse that end up establishing that there has been no abuse. The Court most often relies on investigations by the Division of Child Protection and Permanency to determine whether child abuse has occurred. If the Division finds that no abuse has occurred, the Court will often agree.
Second, the falsely accused parent can establish a history where they have always been granted open access to the child either leading up to or after the time the false allegations were made. In this case, the Court may find the parent making the false allegations not credible because a parent would ordinarily not willingly expose their child to abuse.
Third, the falsely accused parent can point out that the parent alleging the abuse took no action until it could get them an advantage in Court. The Court may find the parent not credible on the grounds that they would have immediately tried to do something about the abuse if the child was truly being abused. These are not the only three ways to deal with false allegations of child abuse.
Call a Child Custody Attorney to Fight Back Against False Allegations
When your child’s future hangs in the balance, you need a compassionate legal advocate by your side. Our dedicated team of experienced family law lawyers is here to support you. When your spouse makes false allegations during a child custody dispute, we can reveal the truth and protect your child’s best interests. Call Moskowitz Law Group today for more information.