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.
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.
There are several court processes during which one parent sometimes falsely alleges the other parent’s abuse of the children or other misconduct in order to win custody or otherwise impact their custody case. Common court processes that may illicit false accusations include the following:
It’s crucial to consult an attorney about your legal rights when your child’s other parent has made false allegations against you during a child custody case.
When one party in a child custody case makes false allegations against the other, it’s typically an attempt to gain an advantage over the other parent in their court case, with the hope of achieving full custody or limiting or restricting the other parent’s share of parenting time. Common examples of false accusations against a co-parent in child custody battles include the following:
The court takes all accusations against a parent very seriously in its efforts to make all decisions in the child’s best interest. When a judgefinds that one parent intentionally misled the court, they impose serious consequences on the parent who made the false allegation.
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:
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.
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.
Common consequences to a party that makes false allegations in a Colorado child custody case include the following:
It’s in a child’s best interest for each parent to facilitate the other parent’s continued close contact with their child. Being caught making false allegations in court undermines the accuser’s position and has serious long-term consequences.
Parental alienation occurs when one parent intentionally manipulates their child into preferring them over the other parent or believing that the other parent is unfit, unsafe, or doesn’t love them. While an allegation of parental alienation may not seem as consequential as an allegation of child abuse or addiction, long-term studies following children who were intentionally alienated from one parent into adulthood show significant adverse impacts, including greater instances of mental health problems, substance abuse, and higher levels of suicide ideation.
The court considers false allegations of parental alienation as seriously as other false accusations against a parent and perjury.
The greatest negative impact of false allegations during a child custody battle occurs on the children, who may not understand the legal nuances of the case but often sense hostility and distrust between their parents, leading to confusion, insecurity, and emotional distress.
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.
Fortunately, courts rely on evidence rather than emotion. Still, when one spouse makes false allegations, it increases the distress of the custody case, extends court time, and increases court costs. A successful defense against false allegations may result in the dishonest parent paying your legal fees.
Call the experienced child custody attorneys at Ciancio Ciancio Brown, P.C. so we can protect your rights.
