How to Fight False Allegations in Child Custody Situations
You just want to start over. You just want to end your unhappy and dysfunctional marriage. You just want to remain an active and loving part of your child’s life. You just want a fair settlement and custodial rights.
All of these wants sometimes find themselves superseded by the need to defend yourself in family court. Many times, fathers find themselves having to defend themselves in family court, due to the falsehoods that besmirch their character and potentially could affect a ruling.
Many fathers facing these circumstances do not know how to fight false allegations in child custody situations. They find themselves at the mercy of the courts and spend their energy and time fighting a false narrative, instead of proving what a devoted and engaged parent they are.
In these trying times, it is imperative to have a family law attorney who understands the unique circumstances that fathers experience during a child custody situation. They will be able to defend your rights and help you remain a part of your child’s life for years to come.
Avoid an outburst
When you are facing false allegations in family court, it is imperative that you avoid any type outward display of emotion. Any angry outburst that you may have could cost you, and given that you already are facing false allegations in family court that could keep you from parenting time with your children, you cannot afford to have this type of lapse in judgment.
You need to remain calm and collected. Meet with your attorney to gain a better understanding of what you are being accused of and what it could mean for your child custody case. This will allow you and your attorney to formulate a cohesive strategy to display your innocence and abolish the narrative that the false allegations are creating.
Consequences of false allegations
These false allegations could have a variety of consequences. For example, they can be used to force you out of your home or prevent you from contacting your children. By inciting these actions, the well-intentioned courts are attempting to be safe, rather than sorry.
False claims are prevalent in cases involving child custody. Up to 70 percent of domestic violence allegations made during custody cases are deemed to be unnecessary or fabricated, according to the Stop Abuse and Violent Environments organization.
Additionally, 85 percent of protective orders were made against men, according to the 2011 Stop Abuse and Violent Environments report. Even in the best of circumstances, family courts are pervaded with outdated stereotypes that impact fathers who only want equal parenting time with their children.
Constructing a counterclaim
This is why it is vital to your future to be as open and honest with your family law attorney as you can. Make the most of the time that you have with him or her, so that they can do their best to fight these falsehoods.
The strategies that you and your family law attorney can create vary depending on the situation, the individuals involved, the extent of the allegations, and the laws in your state, but during this period of time, it is the attorney’s job to make sure that your testimony is more credible than the testimony of your soon-to-be ex-spouse.
Evidence does help. If there are witnesses, pictures, statements, messages, receipts, time-stamped emails, phone records or anything that can negate the false claims being made, use them.
Additionally, many who make false allegations during this emotionally volatile time, may have threatened to do so in the past, in an effort to keep a spouse in line. Informing your attorney of this can help him form a counter argument.
Weathering the storm
By disproving the false allegations made against you in a calm and evidence-based manner, you are illustrating yourself as a rational parent, who can set a good example for your children. You are respecting the court enough to be honest and open about who you are as a man and who you are as a parent.
As long, arduous, and expensive as the process may be, it ultimately shows the court that you are willing to do whatever it takes for the sake of your children and for the sake of your future.