They accuse you of child abuse and is it a lie? What can you do about it
If you are being wrongly accused of child abuse in order to remove you from joint custody, here is what you need to know.
Child abuse is a problem that unfortunately occurs all too often, but false accusations can sometimes occur, especially when conflicting parents are fighting for custody of their children and tempers can be tense. In some situations, one parent may be tempted to believe that accusing the other parent of child abuse will increase their chances of winning custody of the child. But it is a strategy that does not work and that also can lead to serious problems.
It is true that judges err in caution when it comes to the safety of children. However, judges are not in favor of limiting parental rights unless necessary, being aware that false accusations are frequently made. In this sense, when there is an accusation, it must be thoroughly investigated by the courts.
Also, if a judge finds that a parent has made a false accusation in an attempt to influence a child custody decision, they can order the accusing parent to pay court costs to the other parent, and even modify the custody agreement. in favor of the accused. So while many parents try, making false accusations in an attempt to win custody of the children is rarely worth it.
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REPORTS OF CHILD ABUSE
In cases of alleged abuse, the judge will have to thoroughly investigate each allegation before awarding custody or order of visitation. This often requires costly evaluation by medical and mental health experts, which can also be problematic for children.
Family protection services, by order of the judge, can also get involved in the investigation, becoming intrusive as child protection services question people close to you about their behavior and upbringing.
WHAT TO DO IF YOU HAVE BEEN FALSELY ACCUSED OF CHILD ABUSE OF YOUR CHILDREN
It is very uncomfortable and you must comply with the investigation and be as cooperative as possible. Also, if you have been falsely accused, you should gather relevant evidence to support your case. This can include statements from your family members, co-workers, friends or neighbors – anyone who can answer that you are a loving parent and would never harm their children. While it can become a game of “he said, she said,” having the support of others will help the judge see that you are not an abusive person.
Inform those closest to you about what is happening and encourage them to speak openly and honestly about your parenting skills when they have to be interviewed by child protective services or in court. Simply having people who can say they never saw you mistreat or threaten your children will help your case. If no evidence of abuse is discovered, the investigation will be closed and the court will officially determine that there was no abuse or that it cannot be confirmed.
IF THE COURTS DENY VISITATION OR CUSTODY AFTER INVESTIGATING
While judges do not want to take children away from their parents, they can be wrong about any kind of domestic abuse and child custody . The appropriate course of action will depend on the nature of the allegations and other factors. Typically, a judge may suspend the accused parent’s right to visitation and / or custody pending an investigation.
When that investigation fails to uncover evidence of abuse, the rights of the accused parent will be restored. Also, if the judge determines that the accusation was unfounded, he or she may order that the accusing parent pay court costs, including attorney’s fees, to the other parent. However, whenever you are accused of child abuse, you should consult with an attorney experienced in handling similar cases. In particular, if an investigation does not remove your name from the prosecution, you will want to work with a family law attorney who can help you gather evidence, prepare an appeal case, and advocate on your behalf, so that the truth is fully revealed. Your parental rights can be reinstated and everything remains a bad memory.
Dr. Tabriella Perivolaris, Sara's mother and fan of fashion, beauty, motherhood, among others, about the female universe. Since 2018 she has been working as a copywriter, always bringing to her articles a little of her experience and experience as a mother and woman.