Handling False Allegations In a Child Custody Battle

Few family court matters are as heated and volatile as child custody battles. When emotions become adversarial, one spouse may hurl false accusations at the other, but when one parent goes so far as to make untrue accusations in court, the result can be devastating not only to the other parent’s custody rights, but to their life, career, and reputation. How does a divorcing parent handle false allegations in a child custody case in court? Contact our experienced child custody lawyers in Denver for a free consultation today.

First, Understand How Colorado Courts Decide Child Custody Cases

Colorado uses the “Child’s Best Interest” standard in child custody cases. Under this standard, the courts make all decisions in a child’s best interest. In Colorado and other states, the court begins with the presumption that continued close contact with both parents is in a child’s best interest.

When parents have a child custody dispute, both sides present arguments and evidence showing how their desired custody outcome is in their child’s best interest. In some cases, an angry, vengeful, or desperate spouse makes false allegations against the other spouse to their attorney and in court. Accusing the other parent of actions that would sway the court in the accusing parent’s favor and/or limit or restrict the other parent’s custody are not uncommon in one parent’s attempt to gain custody of their child or to punish the other parent.

What Do I Do If My Spouse Has Made False Accusations In Our Child Custody Battle?

When one parent accuses the other of actions that would impact their custody rights, such as child abuse, child neglect, domestic violence, or serious addiction, the court may issue a temporary order restricting that parent’s access to the children. As distressing as this is, it’s imperative to remain calm. Then, consider the following actions:

• Speak to your divorce attorney immediately and describe the allegations against you, and then carefully follow your lawyer’s directions
• Ask your attorney what to expect for the legal process ahead, including understanding the impacts of the allegations and the consequences to your spouse for making false allegations once you prove them invalid
• Document evidence by writing down the time, date, and place of all interactions with your spouse, including in-person encounters, phone calls, text messages, and social media posts. Save copies of all text and voice messages
• Collect statements from eyewitnesses and character witnesses who are familiar with you and your interactions with your child
• Collect evidence of your involvement with your child’s care, schooling, extra-curricular activities, and emotional well-being
• Present yourself as a stable, involved parent who prioritizes the best interests of children, including your willingness to facilitate a continued close relationship between your spouse and the other parent

One of the considerations for a judge deciding on a child custody case is each parent’s openness to encouraging a continued relationship with the other parent. When one parent makes false allegations, it demonstrates to the court that they are not acting in their child’s best interests and are unwilling to facilitate their child’s close, loving relationship with the other parent.

What Are the Consequences for a Spouse Who Makes False Allegations During a Custody Case?

Sadly, when a spouse makes false allegations against the other spouse in a child custody case, it can have serious repercussions on the accused parent’s access to their children and other aspects of their life; however, proving that the accusations are false can have severe consequences for the accuser. Family court judges take it seriously when a person intentionally lies or misleads the court to sway a custody decision. The false accuser could face the loss of their right to shared custody or the judge could limit or restrict access to their children. A spouse who makes false allegations could also face criminal charges with potential jail time and fines.

Can a Colorado Child Custody Lawyer Help My Case?

If your spouse has falsely accused you of actions that could adversely impact your child custody case, it’s crucial to contact a lawyer immediately. Call the experienced child custody attorneys at Ciancio Ciancio Brown, P.C. so we can protect your rights.