When parents separate or divorce, accusations of child abuse between them are common. Why? The major drive is to improve one’s position in a custody dispute. Regardless of whether the parents of a kid are together or not, the law mandates that they both continue to participate in their children’s daily activities. A history of domestic violence, however, might lead to a parent being denied custody or having their visitation rights severely restricted.
As a family lawyer, I’ve listened to some quite wide charges of child abuse. Young children have no way to counteract a parent’s exaggeration of events, making them especially vulnerable to such manipulation. Although you may feel anger or fear, your only choice when facing false charges is to fight back. To determine your options following an adultery, it is recommended that you speak with a family law attorney.
Forms Abuse Takes
A parent who claims their child has been the victim of physical or emotional abuse must provide evidence to support their claims. It is possible that in cases of alleged abuse that occurred a long time ago, just the recollections of one parent will exist as evidence. Many charges of violence after a divorce involve “he said, she said” scenarios.
Another family member or close friend of the nonabusing parent could come forward with testimony of abuse. It is quite helpful to have this witness available. Your attorney may need to look into this person, who is probably biassed in favour of your ex-spouse. It’s possible that some people would be inclined to lie in order to make their friend’s divorce easier.
One who is going through a divorce and is falsely accused of violence may feel defenceless and suffer severe emotional and psychological consequences. The best way to contact them is by phone. It’s possible that if they talk to potential witnesses, they’ll find evidence that disproves the abuse claims.
Helping The Police With An Investigation Is Difficult
Child Protective Services opens investigations into a high percentage of our clientele. The court may also order a child to meet with a psychologist to evaluate whether or not the youngster has been mistreated. A final judgement on whether or not there is sufficient proof of child abuse will be made by the judge presiding over your divorce.
Not cooperating with the investigation will only undermine your own position. You should see an attorney if you have any questions or concerns about issues involving family law. In addition, they can act as a consultant for the duration of the procedure and help you gather evidence.
Implications Of False Statements
Falsely reporting child abuse in Texas with the intent to deceive is a felony punishable by state jail time, per Section 261.107 of the Texas Family Code. If the accused has a criminal record that includes making false accusations, they will be charged with a third-degree felony.
Showing the court that your ex-spouse lied will greatly improve your chances of winning the case. It’s possible that the court won’t decide who gets custody at all, or that your ex-visitation spouse’s rights would be severely limited. It’s possible that your chances of gaining a larger portion of the shared asset could also increase.
If they suspect that your ex is intentionally misleading them about something crucial, they will not think twice about taking legal action against them. You shouldn’t give up on your defences, though.
