The safety of children is one of the biggest concerns that keep family court judges up at night. So when there are allegations of child abuse, neglect, or domestic violence, judges will stop in their tracks and take these claims seriously. Sadly, one of the things that hurt the ability of courts to make child custody decisions is when a parent makes false allegations against another parent.
We have seen our share of parents making false allegations against our clients in an attempt to influence a court’s child custody determination, such as:
- Filing pleadings or testifying about incidences of child abuse, domestic violence that are inaccurate or did not occur.
- Coaching children to claim abuse.
- Obtaining temporary orders based on false claims.
- Making a false report to Child Welfare and Protective Services.
How do these impact child custody proceedings? Evidence of “any history of parental abuse or neglect of the child or a sibling of the child” as well as domestic violence must be considered by a court when determining what custody arrangements are in a child’s best interest. Therefore, courts will carefully consider this evidence when determining whether to grant temporary orders, awarding legal and physical custody, and granting or limiting visitation.
False allegations like these are deplorable. Besides the harm being done to the reputation of the accused, it can also expose children to unnecessary examinations and interviews that are harmful to their emotional wellbeing. If you are on the receiving end of this conduct, you need an attorney to help defend you.
Once accusations of child abuse, sexual abuse, and violence come out, it can be incredibly hard to un-ring that bell. You must stand firmly and work closely with your attorney to address every allegation, who may utilize depositions, mental health experts, character witnesses, and a variety of records (i.e. texts, social media posts, phone records, receipts, police reports, or medical records) to help you refute these claims.
Family Lawyers at Viloria, Oliphant, Oster & Aman L.L.P.
No matter how contentious your child custody proceedings, false allegations are completely unacceptable. These allegations make a mockery of the justice system and can unfairly jeopardize a parent’s rights. At Viloria, Oliphant, Oster & Aman, L.L.P., our attorneys will fight to protect your rights and aggressively fight against false claims. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.