By Tara N. Brewer
Special to DadsDivorce.com
False allegations are gaining popularity in domestic disputes as more and more people are using them not for protection but for legal strategy.
Nowhere is a false allegation more prevalent than in child custody cases where every claim, no matter how baseless, requires attention and must be dealt with.
Many states are now taking action to remedy these tactical false allegations.
For example, Oregon recently passed a bill deeming false reporting of child abuse as a Class A misdemeanor. The bill’s main focus is to target adults who make false child abuse claims during divorce and child custody cases. According to the Southern Oregon’s Mail Tribune, the bill was designed to protect divorced dads; it was written by men for men.
Oregon’s bill calls for anyone who knowingly makes false allegations of child abuse to police or the Department of Human Services to face consequences.
According to hslda.org, a person convicted of this Class A misdemeanor could be punished by a maximum of one year in prison, a $6,250 fine, or both. These repercussions only apply if the state proves that the intent of the false claim was to influence child custody, visitation or child support.
Accusers rarely consider that these allegations could open their home up for inspection and their child to questioning.
DHS reported that 67,885 allegations were made in 2009 but only 28,584 were actually investigated. Of those investigated, 75% were found to be untrue. Because of this, 31 states penalize for false child abuse allegations.
According to Cordell & Cordell experts, family courts are governed by the standard that everything needs to be in the child’s best interest. Mere allegations aren’t enough and proof of falsity is encouraged.
Despite allegations, the court still considers factors like the relationship with the child, the relationship between the opposing parties, the child-parent relationship, the primary caregiver, the child’s schooling, the child’s religious education and the child’s familiar environment.
Additionally, the child can testify and make decisions if they are of age. (Read related article: “Can A Child Choose Where To Live?“)
Dealing with false allegations presents a tough challenge for the accused because even if those claims carry no validity, the father must spend time, energy and money defending them.
If you are the victim of false allegations of abuse, contact a mens divorce lawyer near you who is experienced in fighting for fathers rights. Cordell & Cordell has offices located nationwide.
One comment on “False Allegations of Abuse in Child Custody Cases”
My wife of four years filed restraining order against me and got me arrested for violating the RO. The violation was; I asked my employee to contact her for a check book so I can pay taxes on April 15th. The local DA dropped that case. With that RO I was kicked out of my home and only granted 2 hours visitation time per week with our 3.5 year old son. Two months went by, my attorney and I went to court about the RO. The judge gave me more visitation time without supervision entirely.
My wife falsely accused me of abusing her in front of our son to get RO established. I was indicted with domestic violence. I am spending thousands of dollars to defend myself. She is forcing our son to see a child therapist, who is very biased and incompetence. She is actively coaching our son to hate his relatives on my side. I know she does not like my father and now my almost 4 year old son is saying that he does not like my father. He enjoys hanging out and playing with my father and have numerous videos of their interaction.
Just the other week she filed a report with child protective service that I sexually abused my son. I would never do such a thing. My poor son would have to be forensically examine. Why would a mother do that to our poor child? I was interrogated by the child protective agent and the detective from a local police department. They did not take me to jail which was a good thing, they must believed me. My ex is trying to force a move back to her home state.
He is turning four on the 16th of October so my employees and I threw a birthday party for him today, October 14, 2017. It is my visitation weekend as ordered by the family court judge in Crook County Oregon. My attorney informed me that he would make sure that my son will be at his own birthday party because we did not have any suspension agreement of my normal visitation time. Our designated court order exchange person went to my ex house to pick up the birthday boy there were no body home. She disappeared with him. So the party went on without my dear son.
This is a severe case of unfairness of some sort. Parental alienation comes into my mind, would you agree? At this point I do not know if there’s any hope for me to see my dear son again. Any advice would be appreciated.