How To Fight False Allegations in Child Custody and Divorce Cases

How To Fight False Allegations in Child Custody and Divorce Cases

by Jul 17, 2019Divorce

It is an unfortunate fact that, during contentious and bitter divorces, false allegations are often made against a spouse in the hopes of harming their case. These allegations, if taken seriously by the court and not proven to be false, may substantially affect the outcome of the divorce settlement and how child custody is decided.

Some of the most common false allegations made during divorce and child custody cases are:

  • Spousal abuse
  • Child abuse
  • Hidden assets
  • Lying on legal forms
  • Defying temporary custody orders

These claims are easy for one spouse to make and can be hard for the other to disprove without the right kind of help and resources.
 

Why Do People Make False Allegations?

Anger, resentment, jealousy, and desperation are all common reasons why a spouse makes false allegations during a divorce or child custody case.

Sometimes the allegations are made with the intent of improving the case of the spouse making the allegations, while other times false claims are made purely out of spite. Either way, if the accused spouse does not respond, the court is likely to interpret that as admitting them to be true.

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How To Fight Back

The good news is, if the allegations are false, the truth is on the side of the accused spouse. While it may be frustrating and seem ridiculous to have to prove that an outrageous claim is not true, it is necessary.

In child custody cases especially, the courts are extra vigilant about protecting the children and ensuring their well being above all else.

The best way to fight back against false allegations is to collect as much evidence that disproves them as possible. For example, if there is an allegation of child abuse, a clean criminal history, testimony from neighbors, teachers, and other parents will go a long way to dispute those claims.
 

Working With An Attorney

Any experienced divorce attorney has seen and dealt with every conceivable type of allegation before. If one spouse starts making false claims, the other spouse’s attorney will immediately begin to figure out the best way to respond.

It’s essential to make sure that an attorney knows everything there is to know about the marriage to give them the best possible chance of disproving false allegations. Keeping secrets that could harm a case is a bad idea and prevents a divorce lawyer from protecting their client.

To learn more about responding to false allegations during a divorce or child custody case, please contact our offices today for a free consultation.

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At Vonder Haar Law Offices, we offer every client a free phone consultation to discuss their unique situation and determine how we can help. To arrange a consultation, please fill out the adjacent form or call us at: (707) 529-3200.

We provide representation in California State and Federal Courts. We accept most major credit cards for your convenience.

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