Child Custody: How to Deal with False Allegations During a Divorce

If you are a parent and you are getting a divorce, you have to make plans to work with your soon-to-be former spouse on parenting your children. While it is not necessary to be best friends with your former spouse, you do have to be respectful enough to retain a healthy relationship for the sake of the children.

Sadly, some people will attempt to do anything to get what they want when it comes to the children's disposition after divorce. One issue is false accusations against one parent made by the other.

Making false allegations against anyone is a major problem. If you believe your former spouse is making false allegations against you to gain a preferred custody arrangement, here are some things you need to know:

Why Would Anyone Falsely Accuse Another Person?

There are a variety of reasons why a person may make false allegations against someone else. In many cases, it is to hurt you or your case in some way. In cases of divorce and child custody, a person may make false accusations against the other parent to curry favor with the court. For example, if your former spouse states that you have abused your children, you could lose your rights to your children unless or until a full investigation is complete. During an investigation, you will likely not have access to your children, or at least not without a court liaison present.

How Can You Clear Your Name?

The best way to clear your name is to provide clear evidence to disprove the allegations. Documentation is crucial. The type of evidence you should have will highly depend on what you are accused of. If you are accused of child abuse, provide a copy of your record that shows no criminal activity. You may also have to go before a variety of professionals (e.g. a therapist) to prove that you do not have a history of abusing your children. This might also include reports from your children's medical professionals to signify no signs of abuse. With this documentation, the judge will then determine whether or not the allegations are true.

If you have been falsely accused by your former spouse, you need to tell your divorce ​lawyer right away. They will help you start on your defense to avoid losing time with your children. They can also help you remain mature and professional during this stressful time. 

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The Right Call: A Law Blog When you are accused of a crime, have to write an important contract, or have a question about a child custody agreement, who do you call? Your lawyer, of course. But how do you know which lawyer is best equipped to represent you? What services might your attorney offer that you are not aware of? Start reading the articles on this website, and you will find the answer to these and other burning questions about general attorneys and their work. While we are not attorneys, we are interested in the law, and we are excited to pass on our knowledge by way of this blog.