Don't Let False Allegations of Child Abuse Jeopardize Your Custody

When both you and your ex-partner are fighting a custody battle, you might suddenly discover that your partner has made an accusation of child abuse against you. This can be a very shocking revelation and you will need to bring this up immediately with a family law attorney.

The Consequences of False Allegations of Abuse

Attempting to alienate a child from their parent is a type of psychological abuse. Therefore, you will want to do everything you can to make sure that the false allegation of abuse does not hurt your child and doesn't affect your custody rights.

Initial Steps to Take

After the false allegation has been made, you will want to immediately stop speaking to the individual who made the false report. Anything you say can potentially be used against you. If you make any statements related to your case, you shouldn't make them without an attorney present. 

However, if the other party has made any claims or sent any messages, such as a text message, you should keep all of them. Any message could potentially be used in your defense while fighting a child custody case.

How to Beat False Allegations

You will need to cooperate with the authorities. However, you will also have rights and you will only need to cooperate with the authorities to the extent that is recommended by your attorney.

You will need witnesses who will be able to testify on your behalf. Your witnesses will explain that the statements made about you are not true and will testify to your character. Children are often not considered to be good witnesses because of their limited cognitive development and the fact that they can be easily influenced.

Good Faith Vs. Bad Faith Claims

Some child abuse claims are made in good faith because the individual making the claim actually believes that child abuse occurred. Even individuals who are well-meaning might make a claim when no actual child abuse has occurred.

However, child abuse claims are also sometimes made with the goal of having leverage in a child abuse custody case. A bad faith claim can lead to civil penalties, such as damages awarded for defamation, or may lead to criminal penalties if the individual making a bad faith claim knowingly made a false report to authorities. For this reason, you will need to involve a family law attorney as soon as possible so you can make sure that false allegations do not jeopardize your ability to have custody rights.