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When child custody litigation includes false allegations

On Behalf of | Apr 29, 2022 | Divorce

When you filed for divorce in a Kansas court, you understood that your decision to break ties with your spouse would have implications in all aspects of your life, especially those regarding your children. Like all good parents, you want your children to achieve their full potentials in life and would never want to be a cause of suffering in their life. You may have expected a child custody battle from your ex.

However, expecting there to be disagreements that can be resolved through peaceful and amicable discussion and standing in court being falsely accused of child neglect or abuse or vastly different issues. The former is not uncommon; the latter places you at risk to be denied visitation or custody of your kids.

Parental alienation in a divorce is unlawful

No matter how angry or resentful your ex might be because you filed for a divorce, he or she cannot deny you access to your children. Doing so is referred to in the family justice system as “parental alienation,” and it’s unlawful. A parental alienation scheme might include false allegations against you, claiming that you’re an unfit parent.

Even if you know the allegations are 100% false, things may get a lot worse before they get better as you try to straighten it all out in court. Once allegations have been purported against you, you can expect that the judge overseeing your case will order an investigation.

An experienced judge knows how to prove or disprove parental fitness

One of the things a family court judge will undoubtedly note if your ex accuses you of being an unfit parent is whether he or she has ever made similar accusations in the past. If the first time allegations have surfaced are during child custody litigation, it’s definitely a red flag suggestion possible falsehood.

Reasons that your ex might falsely accuse you of child neglect or abuse

As the court investigations allegations that you’re an unfit parent, the judge may consider possible reasons that your ex might be falsely accusing you, especially if you have adamantly denied the accusations. The following list shows common issues that often spark false allegations during child custody litigation in a divorce:

  • If your ex is angry that you wanted a divorce, false allegations may be a way to take revenge, to let you know that if he or she can’t have you, then you can’t have your kids.
  • A parent who feels desperate and lonely may not want to share custody because he or she wants all of the children’s time and attention.
  • If an ex plans to or has already remarried, he or she might try to replace the biological parent with a step-parent.
  • Jealousy and fear that a child will love one parent or want to be with the one parent more than the other might be an underlying issue when false allegations arise.

None of these issues make it okay to falsely accuse a co-parent of neglect or abuse in a court of law. Such issues can be especially damaging if your ex has convinced your children to go along with his or her scheme. If you’ve been falsely accused in a child custody case, try to remain calm, and don’t hesitate to reach out for legal support.