Child abuse allegations during a custody battle must be taken seriously. The presence of abuse is a factor the court considers when making a custody decision, and an abuse allegation that is determined valid by a court can have major ramifications on a custody decision.
However, the unpleasant reality is that sometimes one parent will falsely accuse the other parent of abusing a child to gain custody. If you are a victim of a false child abuse allegation, you may feel hopeless, concluding that you have no chance at getting custody.
You can fight a child abuse allegation
Although an abuse allegation will make proving your custody case more challenging, there are many ways to combat the charge. You can present witnesses at a custody trial and having an expert witness, such as a psychiatrist or psychologist, who concludes the abuse allegations are false can have a powerful impact on your custody case.
An expert witness should be experienced with investigating child abuse allegations. The witness will likely meet with you, the other parent and the child. They may request records of any other investigations done by outside groups or organizations or ask for documents such as medical records or communications between you and the other parent.
Be prepared to wait it out
One of the most important things to remember is that child abuse investigations take time. A court should not make a custody decision based on an abuse allegation until the claim has been thoroughly investigated and analyzed.
Missed time with your child is something you can never get back. You may miss out on important life moments and chances to bond with your child. The good news is that a claim of abuse proved false in court can turn an entire custody case around.
Making false claims of abuse is a form of parental alienation and can majorly harm the accusing parent’s chance of getting primary custody. Having a strong attorney on your side when accused of abuse is crucial.