Blog
Specialty tag(s): Child Custody
Ryan R. Bauerle | January 14, 2025
Child custody battles can be contentious, stressful, and complex. While most parents prioritize their child’s best interests and act with integrity, some dishonest parents resort to blatant lies in court or even involve CPS or law enforcement in an attempt to gain a perceived tactical advantage. These underhanded tactics put the safety and well-being of the children at risk and make it difficult for the court to issue an appropriate ruling. That’s why it’s essential to understand your rights and how to defend yourself against false allegations before entering a child custody battle.
What Are False Allegations in Custody Battles?
A “false allegation” is exactly what it sounds like – a parent knowingly lies in a custody case attempting to harm the other parent’s reputation or influence the court’s decision. These baseless accusations can take on many forms, including allegations of child abuse, neglect, substance abuse, or domestic violence. Custody decisions should always be made with the child’s best interests in mind – so it would make sense for a Court to consider any potential dangers to the child. However, these false accusations make it extremely difficult for courts to see the truth of the situation. These lies can also lead to undeserved emotional and financial strain for the accused parent.
What Will a Court do When Provided False Accusations?
Making false accusations in court can, at first, create significant challenges for the wrongfully accused parent. Consequences such as reduced parenting time, supervised visitation, and mandatory drug or alcohol testing are all possible outcomes if the courts are concerned about the allegations. Courts generally err on the side of caution to ensure a stable and safe environment for the child and are understandably hesitant to grant custody to anyone found guilty of making false claims about the other parent.
Fortunately, these false allegations often backfire. In addition to consequences like awarding custody or attorney’s fees to the non-offending parent, individuals caught lying in custody court may face more severe legal repercussions, including perjury charges. A perjury conviction can result in fines, jail time, or both.
Understanding Rights Against False Allegations
Being the victim of false allegations can be a scary situation, but don’t panic. The important thing to remember is that everyone has their day in Court, which means that accusations must be substantiated with actual evidence. When it comes to false allegations in custody battles, it will be very difficult for an accuser to provide considerable evidence to support their claims, since they’re untrue.
However, even when you know that an accusation is a flat-out lie, it’s still important that you understand how to prove that false allegations in family court are, in fact, false.
How to Fight False Allegations in Child Custody Cases
The good news about false allegations is that they’re difficult for accusers to prove, since they’re made up. However, that doesn’t mean that you should do nothing and hope the court sees through the lies if you find yourself in one of these situations. There are practical steps you can and should take whenever someone is making false claims against you:
- Stay Calm and Organized: Keep detailed records of all interactions, including texts and emails, to refute false claims.
- Gather Evidence: Collect documents, witness statements, and expert testimony to support your case. This evidence can be used to highlight inconsistencies in the accuser’s story and present facts that contradict their claims.
- Consult a Family Law Attorney: An experienced attorney can provide advice and guidance on how best to build a strong defense against the accusations.
- File a Motion to Investigate: Request that the court heavily scrutinize the allegations and expose their falsehood.
Contact a Skilled Family Law Attorney Today
Facing false allegations during a custody battle is daunting, but with the right approach and representation, you can protect your parental rights. Goranson Bain Ausley has decades of family law experience, and our talented attorneys are here to help ensure that you receive a fair outcome in your case. Contact us today to schedule a consultation.