Published: June 1, 2017

Father's Rights and Dealing with False Allegations During Child Custody

False allegations are not uncommon in child custody cases, and more and more people are using them as a legal strategy rather than as providing protection. Moreover, false allegations are the most prevalent in child custody cases because, even if made without merit and baseless, they require examination. When your ex-spouse falsely accuses you of physical or emotional abuse toward your children, the allegation can catch you completely off guard. The good news is just an allegation is not enough to strip a father's rights to physical or legal custody of his children.

If you have been falsely accused of abuse as part of a child custody case, there are methods to protect yourself and your child.

1. Ask for Proof of Reporting

If there is an accusation of abuse, ask for copies of a police report, contact with Child Protective Services, photos, or other documentation. If there is no proof, the allegations are likely false.

2. Keep Your Cool 

When a person comes across as overly defensive or argumentative, it can actually make them look guilty. If the claims are unsubstantiated and without proof, all you need to do is calmly denying the allegations.

3. Collect Evidence 

If allegations are made against you, gather any evidence that will prove otherwise. Create a list of names, dates, and locations. Plus, gather receipts and photos. For example, if you can prove that you were at the mall at the time your ex-spouse claims the abuse occurred, you disproved her accusation.

4. Find a Qualified Attorney

It is very important to find an attorney who specializes in Divorce and Family Law, and has real-world experience dealing with fathers' rights and abuse allegations. Only expert legal council will properly protect your interests.

5. Foresee State Involvement 

If there is a claim of child neglect or abuse, it is not uncommon for there to be a child protective services investigation. In many cases, child protective services will swiftly and efficiently uncover the accusations as false.

What haven't we covered yet that is important to you? If you would like to talk about father's rights and dealing with false allegations during child custody, or need more information, please contact us.