Sadly, child abuse allegations occur all too often. Specifically in highly contentious child custody cases, tempers could rise swiftly. Everyone involved would definitely feel the stress. In select cases, one parent might think that claiming that the other parent is abusing their child will increase their chances of getting custody of the child. But while judges will usually navigate a child abuse claim with the utmost caution, they don’t favor placing parental restrictions on the accused parent unless undeniably necessary. Judges are aware that not all child abuse claims are true. For these reasons, the court will thoroughly investigate any allegations of child abuse. While many parents attempt to trick the court, making false child abuse claims rarely pan out well for the accuser.
Investigations of Child Abuse Claims
Once the court receives a case of alleged child abuse, it will investigate the allegation thoroughly prior to just awarding custody to the accusing parent. The investigation is usually a lengthy, costly, and time-consuming process with evaluations by mental and medical experts, which can be particularly stressful for the child. The judge might order the Family Protective Services to get involved. This can be very intrusive because people from protective services will question those who are closest to you to establish a profile of your parenting skills and overall behavior.
What You Should Do to Fight a False Child Abuse Claim
You need to comply with all the orders of the court and cooperate to the best of your ability. If you are sure that you can prove your case, you should seek legal help from your local family law firm in Albuquerque, New Mexico to help you collect relevant evidence that will support your case. Evidence might include statements from your family members, friends, coworkers, and neighbors—anyone who will be willing to vouch that you’re a responsible and loving parent who would never hurt your child.
Inform relevant people about what’s happening so that they will be encouraged to speak honestly and openly about how you parent your child when court or protective services personnel interviews them. Take note that you can also ask them to write statements about your parenting that will be sent to the court.
What Happens After a Court Investigation
If the court finds no evidence of child abuse, it will close the investigation and pass a judgment stating that either they can’t confirm the abuse or no abuse has ever happened. The court will also reinstate all the parental rights of the accused parent. Furthermore, if the court finds that the child abuse allegation has been unfounded or deceitful, it will order the parent who has wrongfully filed the claim to reimburse the accused parent for all court costs, which include the lawyer fees.
On the other hand, if the investigation doesn’t clear your name, you should seek help from an experienced family lawyer to help you obtain more evidence, advocate for you in court, and appeal your case so that you can finally reveal the truth and seek reinstatement of your parental rights.
