How Do I Fight False Allegations with My Custody/Visitation Case?

 

Parents going through a divorce or separation often have questions about custody and visitation issues.  In some cases, one parent raises false claims of abuse, neglect, or parental unfitness.  When this happens, the other parent often wonders: “How do I fight false allegations with my custody/visitation case?”

Here are some common claims that are raised during custody and visitation cases. Understanding these claims will better equip parents to present the strongest custody/visitation case possible.

 

DRUG OR ALCOHOL ABUSE

 

Claims of drug or alcohol abuse abound in family court.  For instance, parents going through a custody or visitation dispute often raise concerns about the other parent’s drug or alcohol use.  Standing alone, judges are concerned with claims of substance abuse.  This concern increases when additional issues are added to the claims of substance abuse.

For instance, claims of substance abuse added with domestic violence (DV) will increase the judge’s level of concern.  Moreover, substance abuse added with DV, and a criminal arrest history will further increase a judge’s concern.

For example, possibly one parent claims drug or alcohol abuse.  Additionally, the parent supports this claim by pointing to arrests for DWI, DV, CYFD involvement, or violence.  A judge’s level of concern increases with each additional claim that is added to the equation.

Do you suspect that a custody/visitation dispute is looming?  If so, the best way to fight allegations of drug or alcohol abuse is to abstain.  It may sound corny or cliché, but Just Say No.

 

 

You see, judges routinely order parents to take a drug/alcohol test when allegations of substance abuse are present.  Regarding drugs, judges typically order a six month, five panel hair follicle test.  With alcohol, judges routinely require the parents to take a Peth test.  In turn, the Peth test can detect levels of alcohol consumption for the past three weeks.

In other words, judge have several tests that can uncover drug or alcohol abuse.  Accordingly, denial is a bad strategy in family court.  You see, superficial denials are often detected.  When this happens, a parent’s credibility decreases.  In turn, a judge’s level of concern may increase regarding other issues.  As a result, the judge may question the parent’s ability to care for the child.

 

DOMESTIC VIOLENCE

 

Allegations of domestic violence are commonly raised during custody and visitation disputes.  In this respect, a parent may claim that either emotional or physical abuse happened during the relationship.  Usually, a judge’s concern regarding claims of DV increases with:

• Police involvement
• Criminal arrests or convictions;
• CYFD involvement;
• CYFD substantiations for abuse/neglect; or
• Restraining Order of Protections.

In other words, judges tend to look to the factors above when considering allegations of domestic violence.

 

CYFD INVOLVEMENT — HOW DO I FIGHT FALSE ALLEGATIONS WITH MY CUSTODY/VISITAITON CASE?

 

CYFD involvement is common during custody and visitation disputes.  For instance, parents often raise allegations with CYFD regarding abuse or neglect.  Generally, a judge’s concern regarding CYFD involvement increases when the allegations are verified (substantiated).  Additionally, a judge’s concern increases if the CYFD investigator testifies that based on the investigation:

• Abuse/neglect occurred;
• The parent poses a danger to the child; or
• The investigator has concerns about the parent’s ability to care for the child.

On the other hand, judges are less concerned with CYFD investigations that are not verified (i.e. unsubstantiated).  Additionally, the judge may have concerns about a parent that repeatedly initiates CYFD cases that are unsubstantiated.  In this situation, the judge may have concerns that the parent is abusing the system or attempting to alienate the other parent from the child.

 

MENTAL HEALTH ISSUES

 

Parents routinely raise allegations of mental health issues during custody/visitation cases.  For example, parents may claim that the other parent is bi-polar or narcissistic.  Judges usually are more concerned with behavior than labels.  In other words, any parent can throw around pop-psychology terms like bi-polar disorder.  Accordingly, judges are concerned by a parent’s behavior and actions.

For instance, a judge’s concern about mental health illness increases with:

• Instability issues;
• Substance abuse;
• Domestic violence;
• CYFD involvement;
• Restraining Order of Protections; or
• Criminal arrest history.

The presence or combination of these factors increases a judge’s level of concern.  Conversely, a judge’s concern diminishes when claims of mental health issues are not supported by concerning behavior.  In other words, parents can fight allegations of mental health issues by showing stability.  In doing so, parents can demonstrate that mental health issues – if any – do not rise to a level that endangers the children.

 

ACKNOWLEDGE PROBLEMS AND TAKE CORRECTIVE ACTION

 

Do you suspect your ex will raise false allegations during your custody/visitation case?  If so, fight back by acknowledging the claims.  For instance, take a deep look in the mirror and acknowledge if the allegations have merit.

As we have seen, superficial denials can be uncovered.  Moreover, denial can backfire.  In doing so, the denials can have a long-term, negative impact.

It’s better to acknowledge and correct a problem than to deny that the problem exists.

Do you have an arrest/conviction history for domestic violence?  If so, consider counseling or therapy.  Additionally, consider taking parenting classes or anger management classes.

Are you self-medicating with drugs or alcohol?  In this situation, acknowledge the root issue and seek treatment.  Treating your underlying issue is a better strategy than denying the issue.  Moreover, judges respect honesty and proactive work to correct issues.

Instead of denying a problem – admit and take steps to correct problem areas.  Doing so causes personal growth that leads your case in the right direction.

 

NEW MEXICO FAMILY LAW AND CHILD CUSTODY LAWYERS/ATTORNEYS

 

Matthew Sanchez is an experienced Albuquerque child custody lawyer/attorney near you.  For more than a decade, Sanchez has handled child custody all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos.   Talk to a tough and tested Albuquerque child custody lawyer/attorney. Talk to (505) SANCHEZ.