How to handle false allegations in child custody and divorce cases
Divorce is never a pleasant experience and in fact brings its share of emotional stress, financial worry, consternation around children, and often contentious discussion over the property. In the worst of cases, false allegations might arise for one reason or another. An angry spouse might purposefully make disparaging statements, for example, in an attempt to gain the upper hand with child visitation or finances.
The good news in all of this is that the majority of Michigan judges will err on the side of caution and take false allegation claims very seriously. Obviously false allegations, for example, should be addressed immediately before they spiral out of control and become hard to defend. However, the same urgency is important with partially true or partially false allegations. Some courts make decisions so quickly, in fact, that involved parties don’t have enough time to collect supporting evidence. That being said, it is critical to act with hast to allow your attorney time to accurately resolve the problem.
What is a false allegation?
As its name suggests, a false allegation is a statement made to cast doubt or shadow over another person. Examples of allegations include domestic violence, verbal abuse, sexual abuse, and child endangerment. Cases involving children are especially sensitive and often volatile, as a child’s wellbeing is of utmost importance and trumps all other issues at hand. This can quickly become extremely complex; if one parent makes a claim and the child’s wellbeing cannot be verified, the court must initiate verification of truths to ensure the child receives a fair and healthy living situation.
If one parent is “out to get” the other and making false statements to that effect, that shadow of the allegation, whether valid or not, will always lurk at the accused parent’s side. Indeed, crying wolf in court is deplorable but once started, the targeted parent has a lot of work ahead of them to clear their name.
A glib, one-sentence statement issues in a court proceeding can be all it takes to launch a costly, lengthy effort of investigating any supporting records including police records, testimony from industry experts, or all manner of other agency records.
Some especially tempestuous cases devolve into a burst of random accusations from one spouse in the hopes that sooner or later the court will be on their side. This is a terrible development with the potential to launch years of court battles and sometimes even criminal charges.
Your best strategy
If you are falsely accused of heinous acts such as child abuse, neglect, molestation or domestic abuse; tools are available to resolve the issue and clear your name. Some accused parties cannot afford legal fees to prove their innocence and all the while are denied access to their own children. False allegations, especially those made of alleged horrendous actions, should never be taken lightly and it is critical you take immediate action.
For more information on managing false allegations in Michigan divorce cases, contact The Gucciardo Law Firm today at (248) 723-5190.
Too much information?
We focus exclusively on family law matters so we are always available to answer your questions and help.