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.
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.
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.
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.
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:
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.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.
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