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How to handle false accusations in a child custody case

On Behalf of | Oct 24, 2023 | Child Custody

If your divorce involves children, your soon-to-be ex-spouse may make false accusations to gain leverage in the custody dispute. They may accuse you of child abuse and neglect, domestic violence, alcohol and drug abuse, criminal activities and so on. Despite them being allegations, they can significantly impact the verdict of your case.

Therefore, you should be careful about what you do. Here is how to handle these accusations:

Gather evidence

You should gather evidence to disprove your spouse’s claims. For example, if they accuse you of criminal activity, get documents that prove a lack of criminal record or the particular activity your spouse is claiming. Emails, texts, recordings and any other relevant document can help a judge determine if a claim is false.

Create a timeline 

Creating a timeline involves writing down events chronologically. If the other parent makes a false allegation during your custody case, write down the things that had happened before the allegation. What decisions had the court made? What request did you make? and so on.

When you have a clear timeline supported by documentation or other evidence, the court can understand what triggered your spouse to lie and the legal advantage they are trying to achieve.

Work with a mental health specialist

Working with a mental health specialist, specifically a forensic psychologist, is crucial in child custody cases that involve accusations. They can obtain more information from the other parent, witnesses, documents and testing data. Their inference can determine the validity of the allegations. 

Stay calm

You should remain calm while proving your spouse’s claims are false. Being angry or too defensive can disadvantage you.  

If your soon-to-be ex-spouse makes false accusations to get the upper hand in child custody, consider legal guidance to know the steps to take to protect your parental rights.