How to Handle False Allegations in Custody Disputes

No one ever likes to be falsely accused, and most people will put forth every effort to refute false claims. The stakes are higher, though, when the parties involved are parents, using false accusations as a tool in a child custody case. At the Law Offices Of Cara L. Santosuosso, LLC, we understand the risks and far-reaching consequences of false allegations in custody disputes. They can affect the outplay of legal proceedings and inflict long-term damage on the accused and their children. As your child custody attorney, we will advocate for your rights while also fighting your children's welfare. 

What Are Examples of False Allegations in Custody Disputes?

Allegations made during divorce or child custody proceedings typically involve actions that are threatening toward the children, though they may also be claims on the part of a parent. These can include:

Abuse: Physical, emotional, verbal, or other abuse, whether toward the other parent or the child

Neglect: Not meeting the child’s basic needs or not providing proper supervision

Substance Use: Use of drugs or alcohol that makes a parent unfit or unable to care for their child

Domestic Violence: Violence toward the other parent or the child

Mental Illness: A compromised mental state that could make a parent potentially violent, neglectful, or abusive

These kinds of claims can focus the discussions on the parents and obscure the heart of the matter: your child’s safety and well-being. Working with an experienced child custody attorney ensures that, whatever complexities a case presents, no one loses sight of that.

Why False Allegations Arise

There are many reasons why a parent may make false allegations during custody disputes. Emotional turmoil could cause them to lash out in anger or revenge if they feel that they were wronged by the other parent. They could also feel afraid or threatened due to the loss of control that divorce and custody issues inevitably bring. Unfortunately, some individuals may use claims of abuse or neglect as a leverage tool to gain the upper hand in a custody battle. The accuser could also be dealing with their own mental or emotional condition that leads them to make accusations without really thinking through the consequences. They could also be pressured by family or friends to make a claim so that they have an advantage in custody or support proceedings, or it could be that a simple misunderstanding is at the heart of their claims. Sometimes, a mix of several of these factors is behind false allegations. 

Whatever the case, false allegations can prolong and complicate the legal process. They can also have severe, long-reaching negative effects on the accused parent and the children. It takes a skilled child custody attorney to get to the bottom of the claims while still preserving peace and protecting the parties’ well-being.

How To Respond To False Allegations in Child Custody Cases

Work with an experienced child custody attorney, like the experts at the Law Offices Of Cara L. Santosuosso, LLC, to establish documentation and develop a detailed timeline of claimed events. When these are lined up with the accusations, it will be easier for the court to determine if they are true or false. For this to be possible, a parent may already need to be documenting goings-on prior to the accusations. This could involve collecting text messages, emails, voicemails, photographs, videos, social media posts, and more that prove your good relationship with your child and your good character. Honestly, this is a good thing for all parents to do during a divorce, in the event that the other party acts unpredictably.

The accused will also want to have self-control at all times. Maintaining composure is critical when one is falsely accused of violence or erratic behavior. Otherwise, they could instead prove the accuser’s point–reacting emotionally, however justified it may be, could end up backfiring. It could also end up tarnishing your reputation in the community and hurting your relationship with your child. Instead, stay focused on your child’s well-being, follow your child custody attorney’s advice, and comply with the judge’s requests and orders. It is also well within your rights to seek a restraining order if you feel particularly threatened by the accuser.

While an amicable divorce and child custody case can take place outside of the court, accusations of abuse or neglect will necessitate a judge’s ruling. Experts may also need to be brought in to assess both the parents and children and provide more light on the situation. These professionals may conduct home visits, interview parents and children, review police reports, medical records, school records, and more to get a clear picture of the situation in the home and between family members. The judge will then carefully review credible evidence and testimony, and always keep the child’s interests at the forefront of their deliberations. If your child custody attorney is able to prove that the accusations are false, they may be able to file a motion to dismiss them. And if the accuser is found to have made the claims with malicious intent, they may be sanctioned with fees, custody changes, and legal consequences.

Remember, too, to protect your own well-being and seek the help of a mental health expert if the situation begins to take a serious emotional toll. To be the best parent your child deserves, you need to take care of yourself.

Effects of False Allegations

Allegations of abuse, violence, or neglect have to be taken seriously. However, the effects can be disastrous for the accused parent and the child(ren) alike. If they are not quickly disproven, the accused parent could end up spending exorbitant resources in trying to establish their innocence, and their professional and personal reputation could be harmed. Even if they are vindicated, the emotional and psychological toll could remain, along with an indelible mark on their public profile and background check that could hamper future opportunities. If charges are found to be false, the accusing parent could face steep censures from the court and could end up losing custody or parenting time, the very thing that likely motivated them in the first place. All in all, making a false allegation benefits no one, and can potentially harm all parties involved. 

Consult an Experienced Divorce Lawyer in Cleveland, Ohio

Divorce and child custody arrangements can already be extremely stressful. But if you have also been falsely accused of abuse or neglect, the situation can seem hopeless and unbearable. Don’t give up–you have a caring partner in the professional child custody attorneys at the Law Offices Of Cara L. Santosuosso, LLC. Having a skilled legal expert on your side can make all the difference. We will protect your rights and fight for your and your child’s well-being. 

We feel that there is nothing more important than the relationship you have with your child. Work on maintaining that and leave the rest to us. Contact us to learn more about our services and how we can help to secure the best possible outcome for your case.